Mashudu Netsianda, Senior Court Reporter
A TSHOLOTSHO man who was accused of sexually abusing his orphaned sister-in-law for three years and allegedly infected her with the deadly HIV virus, was yesterday acquitted of rape charges.
The alleged abuse, which started in 2007 when the victim was only 13, went undetected until 2010 when she fled from his home.
Debson Ngwenya whose age was not given and resides at Mapulubusi Line, was all smiles soon after Bulawayo regional magistrate Mark Dzira ruled that there was no evidence linking him to the alleged crime.
Dzira, in his judgment, said the complainant implicated her brother-in-law because she wanted to save her marriage after she got pregnant and tested HIV positive.
“What is suspicious is that the complainant did not reveal the alleged abuse to her husband when they got married early this year.
“She only revealed the abuse after she tested HIV positive when she got pregnant. When her husband who had tested HIV negative demanded an explanation that is when she decided to nail Ngwenya claiming he was the one who infected her with the virus,” said Dzira.
The magistrate said the state failed to prove its case beyond reasonable doubt.
“The complainant during cross-examination admitted that she had sex with her late boyfriend when she was still doing O-Level. Under the circumstances there is no guarantee that she was infected by her brother-in-law,” said Dzira.
He said the complainant proved that she was not a credible witness.