HIV positive Shurugwi man rapes breast feeding mum

rape case

An HIV positive man from Zvishavane who raped a breast feeding woman before robbing her of Christmas grocery and cash will spend the next 32 years in prison after a regional court in Gweru found him guilty of both charges.

Donald Funhiro (27) who resides in Marisa Village, Chief Mapanzure in Zvishavane and is not employed had pleaded guilty to one count of robbery as defined in section 126 (1) (a) of the criminal law (codification and reform) act chapter 9:23 and to rape as defined in section 65 (1) (a) of the same act when he appeared before Gweru Regional Magistrate, Mr Joseph Mabeza.

Funhiro was sentenced to an effective 12 years in prison for the robbery charge and an additional effective 20-year jail sentence for rape.

The state's case as presented by prosecutor Mr Shepard Mafa is that on 11 December, last year, at around 4.30 pm, the complainant who is from a resettlement in Shurugwi, disembarked from a commuter omnibus at Moolman Bus Stop near Runde Bridge along the Gweru-Shurugwi road.

Mr Mafa said the complainant was coming from Kadoma. He said she was carrying one bag of clothes on her head, two bags of groceries on both hands and her three-week old baby on her back. The court heard that the complainant walked along a foot path through a bushy area going towards her home.

Mr Mafa said after the complainant had walked for about 100m, she looked back and saw the accused person, Funhiro, walking along the same path following her.

The accused quickly walked towards the complainant and caught up with her, the court heard.Mr Mafa said the complainant greeted the accused but Funhiro did not respond. He said the complainant observed that the accused was a tall, male adult, dark in complexion with a scar on the forehead.
Funhiro suddenly grabbed the complainant’s skirt on the waist and demanded some money.

Mr Mafa said the complainant dropped all her three bags due to fear.He said Funhiro threatened to kill the complainant if she failed to give him some money.The court heard that the complainant screamed for help and the accused then produced a kitchen knife with a green pouch and white handle from his pocket.

Mr Mafa said the complainant surrendered her purse and all her three bags to the accused. He said among the items in the bags taken by Funhiro were baby nappies, baby shoes, mazoe crush, adult clothes and tackies for both sexes, laundry and bathing soaps, bread, lotion and cash amounting to $30, among other things.

Funhiro took his loot and placed it in a shrub. The court heard that the accused dragged the complainant into an area with bushes and tall grass about 100m away from the foot path.

Mr Mafa said when they reached a secluded place, Funhiro ordered the woman to remove her baby from her back.He said the accused then ordered the complainant to lie down facing her baby and the woman complied.The court heard that accused raped the complainant once and after committing the crime he grabbed his loot and walked away while still brandishing his knife.

Mr Mafa said after the accused had gone the complainant dressed up and picked up her baby and preceded to the nearby Musipa Mine Compound where she reported the matter to her uncle and two other workers at the Mine.

He said shortly after that, the complainant's husband arrived and the complainant reported the incident to him and the two proceeded to Shurugwi Police Station to make a report.

Mr Mafa said on 20 December, the accused was arrested at his homestead in Chief Mapanzure's area in Zvishavane and the police recovered from his bedroom three bars of soap, Camphor Cream three pairs of ladies sandals and a couple of tackies.

The police referred the woman to Shurugwi Hospital for medical examination on the same day.Mr Mafa said the complainant spent four days at the hospital as she was admitted on a weekend when there were no doctors.She was to receive counseLling, testing and treatment of psychological trauma.

An HIV test was carried out and she was found to be negative.The accused was tested for HIV and was found to be positive.