A 49-year-old man who was accused of raping a woman and infecting her with a sexually transmitted infection that led to her womb being removed, has been acquitted after the State failed to find incriminating evidence against him.
Christopher Nyika of Murehwa had been accused of raping a 33-year-old Mangwe woman twice in 2013, infecting her with HIV and another sexual transmitted infection.
Gwanda regional magistrate Mr Mark Dzira said there was no evidence to prove that Nyika had committed the offence as the woman reported the matter only in 2016 after developing an infection.
He said the woman was likely to have remained quiet about the matter had she not developed the infection.
“The complainant reported the matter late and it seems that the illness she suffered is the one which led her to make the report. If she had healed she was likely no to have reported the matter. I therefore find the accused not guilty and acquitted,” said Mr Dzira as he passed his judgment.
Prosecuting, Mr Pearson Chekeya had said Nyika, who works at a mine in Maphisa, raped the woman twice in September 2013. She developed an infection which worsened causing her to have her womb removed in 2016.
“On a date unknown but in September 2013, Nyika and the woman together with other Zanu-PF supporters went to Kafusi to attend a rally using Nyika’s car. Upon their return they stopped at Maphisa Business Centre where they had beer until 11PM.
“The other party supporters proceeded to their homes and left Nyika and the woman behind. Nyika offered to give her a lift home as she was heavily intoxicated and along the way he stopped the vehicle. He took advantage that the woman was drunk and raped her while they were in the car. Nyika then drove the woman home and went away,” he said.
Mr Chekeya said Nyika raped the woman again three days later but she remained quiet about the matter.”The woman later developed an infection and she also discovered that Nyika had infected her with HIV. She had her womb removed in June 2016 as a result of the infection.
She reported the matter to the police on 12 August 2016 resulting in Nyika’s arrest,” said Mr Chekeya.