Mkhondo – Mkhondo (Piet Retief) Magistrate’s Court convicted and sentenced a 67-year-old man from Mangosuthu Village to life imprisonment for raping his neighbour’s child who was 13-years-old at the time of the incident.
According to Ms Monica Nyuswa, spokesman for the National Prosecuting Authorities of Mpumalanga, the victim who testified through an intermediary, narrated to the court that on February 3 the accused invited her, a friend and her younger brother to pick some fruits from the trees at his premises.
“While the other two children were picking fruits, the accused called the victim inside his house.
“Reluctant to enter, the accused forcefully grabbed her inside, locked the door, raped her and he then gave her a R50 note,” she said.
Ms Nyuswa added the victim’s younger brother who also gave evidence, told the court he noticed that his sister was upset and tearful when she exited the accused’s house.
“Later, her elder sister also noticed that she was emotional when they returned back home.
“When questioning the victim why she seemed heartbroken she abruptly reported that she was raped by the accused.
“The victim’s mother was contacted who in turn summoned the police and a case was opened,” Ms Nyuswa said.
She added Mr Marlin Cairncross, an advocate for the state, presented a J88 medical report which showed that the victim was sexually penetrated.
The accused testified in his own defence.
He did not deny that he had sexual intercourse with the victim, but alleged that there was consent as there was a prior agreement between the two of them.
“He alleged that he did not pay the full R100 as promised, but only half of it and concluded that this is the reason why the victim is fabricating the rape allegation
“However, Mr Cairncross rebutted the accused’s version as the state also introduced a warning statement made by the accused which contradicted the version he gave in court,” she said.
The court agreed with the submission of the state that based on the material contradictory versions of the accused, his testimony is beyond reasonable doubt false.
The defence placed a lot of emphasis on the fact that the accused is an elderly pensioner with ailing health conditions, they failed to convince the court of the existence of compelling and substantial factors to deviate from the mandatory prescribed sentence and sentenced the accused to life imprisonment.
She concluded the court made an order that the accused’ name should be included in the National Register of Sex Offenders and further declared him unfit to possess a firearm.
