Zimbabwe News Online: HIV positive Shurugwi man rapes breast feeding mum

HIV positive Shurugwi man rapes breast feeding mum
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chronicle on 06 January, 2010 02:04:00
 
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.