AN INYATHI man who raped a seven-year-old girl was convicted by the Bulawayo Regional Court and referred to Mlondlozi Psychiatric Hospital for a special verdict after a doctor’s examination confirmed that he was insane.
Constance Ngwenya (21) was found guilty of rape by magistrate Mark Dzira after prosecutor Tinashe Dzipe and defence lawyer Lison Ncube agreed that Ngwenya committed the offence.
However, Ncube submitted that the court should take into consideration a medical report compiled by psychiatrist Dr Elena Poskotchinova who concluded that Ngwenya was suffering from mild mental retardation when he committed the offence.
“The doctor concluded that he was mentally disturbed at the material time to such an extent that he should not be held legally responsible for his actions,” Ncube submitted.
“The State and the defence pray that the accused be dealt with in terms of the Mental Health Act Chapter 15,12 and that a special verdict be returned in terms of Section 29 of the said Act.”
In his ruling, Dzira said: “Accused is found guilty as charged as a result of insanity.
“It is hereby ordered that the accused be returned and detained at Mlondolozi Psychiatric Hospital for further examination and treatment.”
The State said that on June 19, 2012 at about 3pm, the seven-year-old girl was walking home from school with other five children along a tarred road in Inyathi when Ngwenya emerged from the bush and chased after them.
He grabbed the girl, who cannot be named to protect her identity, and dragged her into the bush and raped her once while she was screaming.
Ngwenya ran away and the child went home and alerted her mother about the rape. Her mother reported the matter to the police, leading to Ngwenya’s arrest.