A 33-YEAR-OLD Mvuma man who last month appeared before the courts on allegations of sodomising and raping a 69-year-old woman was yesterday acquitted of the charges due to lack of evidence.
By Stephen Chadenga
Francis Kapumhura had appeared before Gweru regional magistrate Morgan Nemadire on charges of unlawful entry and rape.
It was alleged that Kapumhura sneaked into the complainant’s hut at night where he sodomised and raped her before fleeing from the scene. Prosecutors alleged that gumboot prints later gave the accused away.
However, Nemadire said the woman failed to identify her assailant but only pointed to him when she was shown to him at the police station. He found the accused not guilty and discharged him on the two counts.
Nemadire said in cases where no proper identification of the accused is made the courts usually work on the benefit of the doubt.
He said there was a high possibility that the gumboot prints did not match those of Kapumhura as they were surrendered a year later.
Prosecutor Prisca Kanhukamwe had told the court that on February 7 2013 at around 3am, Kapumhura entered the complainant’s bedroom hut through an unlocked door.
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He allegedly entered into the complainant’s blankets and held her by the neck before sodomising her.
It was alleged that Kapumhura forced the complainant to face upwards before raping her once.
The complainant later told neighbours about the rape and gumboot prints were used to trace the accused.
