Fungai Lupande Court Reporter
Zimbabwe National Army Lieutenant Colonel Rangarirai Kembo was yesterday acquitted on allegations of raping his 19-year-old housemaid. Harare regional magistrate Mr Noel Mupeiwa ruled that the complainant lied, her evidence was unreliable and suspicious. Said Mr Mupeiwa: “The complainant said it was her first sexual experience, but considering the time she was examined the nurse should have noticed fresh hymenal tears.
“What this shows is that the complainant was not telling the truth considering that she was examined in time. The injuries should have been noted. “In her evidence, she said she was penetrated anally and she started being unstable during cross-examination. I don’t believe her evidence, she had time to examine herself and determine where the injuries were sustained.
“The evidence was not corroborated by the medical report. State failed to prove its case beyond reasonable doubt.” The prosecutor Mr Timothy Makoni alleged that on July 29 this year, at around 9pm the woman was asleep in her bedroom when Kembo started calling her.
The woman went to the dining room and Kembo ordered her to warm his food, and after serving him she went back to sleep. It was alleged that Kembo called the woman again and asked her to remove the plates. She complied and went back to her room. The court heard that as soon as she entered her room, Kembo called her again, this time, asking her to watch television with him.
The woman refused, indicating that she wanted to sleep. She went to her room and was awakened by Kembo, who was now standing at her door. The court heard that there was no light in the room and the door was not locked.
Kembo allegedly started praising the woman, telling her how well-behaved she was and that she was raised well. At the same time he was allegedly walking towards the woman, who was scared and started crying.
Kembo allegedly started fondling her breasts and kissing her, before raping her. The court heard that he ordered her not to tell anyone about the sexual abuse. She was medically examined and the report was tendered as an exhibit.