Court Reporter
A National Railways of Zimbabwe security guard was sentenced to an effective 12 years on Friday for raping his wife’s niece in the company’s storeroom. Esani Mauluka (43) raped the 16-year-old niece after she passed by his workplace. Mauluka had pleaded not guilty before Harare Magistrate Ms Esthere Chivasa, but was convicted due to overwhelming evidence.
Ms Chivasa suspended three years for five years on condition of good behaviour.
Mauluka said in his defence that his sister-in-law filed the complaint against him after realising she was pregnant with her boyfriend’s child.
But Ms Chivasa convicted him and said although he was a first offender, Mauluka deserved a custodial sentence.
“He is a first offender but rape cases are on the increase and it will be a mockery of justice if he is not given a custodial sentence for his acts,” she said.
State prosecutor Ms Sarah Bosha proved that on November 9 last year, the girl’s aunt took her back from her boyfriend’s house where she had eloped.
The girl started staying with Mauluka and her aunt at Ruwa Trust Lodge.
On November 10 the girl was sent by her aunt to buy some wares in town and was instructed to pass through Mauluka’s workplace and give him a lunch pack.
She gave Mauluka the food and he ordered her to pass through the workplace on her way from town.
The girl returned and entered the storeroom where Mauluka was before he raped her.
The girl informed her aunt when she arrived home and also told her grandfather when she went to her rural home in Chiweshe three days later.
She was accompanied by her mother to the police station where she filed a report.