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Shamiso Dzingire Court Reporter
A MARRIED Bulawayo man was yesterday slapped with a four-year jail term for having sexual intercourse with his landlord’s 15-year-old daughter and allegedly infecting her with HIV.

Mqondisi Ndlovu, 23, will serve an effective three years imprisonment after Western Commonage magistrate Themba Chimiso suspended 12 months for five years on condition that he does not within the period commit a similar offence.

In passing sentence, magistrate Chimiso considered that Ndlovu is a first offender who pleaded guilty to the allegations and did not waste the court’s time.

“Cases of sexual abuse involving young girls are on the increase and are a cause for concern. The prevalence of such matters calls for stiffer sentences to deter like-minded elements in society,” Chimiso said.

He said that Ndlovu, as a co-tenant, was supposed to take the young girl as family and protect her, instead of exploiting her.

“I found a custodial sentence appropriate as it will deter like-minded elements of society and protect the vulnerable girl child,” said the magistrate.

In his defence, Ndlovu said he knew the girl was a minor but did not know that it was illegal to bed a minor.

“Why did you prey on the little girl if you’re married? Why take advantage of the little girl when you’re married? Your ignorance of the law isn’t an excuse,” said Chimiso.

Prosecuting, Tony Kamudyariwa said sometime in December 2014, Ndlovu proposed love to the juvenile and she accepted.

He said sometime in March this year at around 8PM, Ndlovu sneaked into the girl’s room during her sister’s absence and had unprotected sex with her.

“From March to June, Ndlovu would sneak into the girl’s bedroom in her sister’s absence and the two would engage in consensual sexual intercourse. He would give her $1 or $2 thereafter,” said Kamudyariwa.

The court heard that Ndlovu’s wife discovered the affair and informed the girl’s sister.

The sister confronted Ndlovu and the juvenile, who both admitted they were having an affair.

The matter was reported to the police and Ndlovu was arrested.

In her warned and cautioned statement, the girl said she had tested positive for HIV.

The girl was referred to the hospital for medical examination.

A medical report produced in court showed that there was penetration.