Sharon Buwerimwe, Court Reporter
A CIVIL engineering student at the National University of Science and Technology (NUST) in Bulawayo has been acquitted of allegedly raping a fellow student after luring her to his room with the promise of a birthday present.
It had been alleged that Rudney Talent Mushayi (24) from Nketa suburb raped his colleague and tried to silence her with $5.
He pleaded not guilty to a rape charge before Western Commonage magistrate Ms Sibongile Marondedze.
Mushayi through his lawyer, Mr Bruce Masamvu of Dube-Tachiona and Tsvangirai Legal Practitioners, said the complainant fabricated the story in order to fix him.
“Your Worship, witnesses lied under oath that the complainant was a virgin contrary to the medical report and she was not a credible witness. Other state witnesses confirmed that this might be a fabrication as the complainant lied at the police station that she was raped twice and in court she said thrice,” he said.
In passing judgement, the magistrate said the State failed to prove that Mushayi raped the victim as the witnesses gave contradicting testimonies.
“In coming up with the judgment, the court considered evidence that was presented and it’s clear that Mushayi didn’t commit the alleged offence. He’s therefore acquitted and discharged,” said magistrate Marondedze.
Prosecuting, Ms Samantha Gubede said the incident occurred on April 21 this year.
“Mushayi invited the complainant to his room to collect a birthday present. After unsuccessfully proposing to the woman, he allegedly raped her once after locking the room and hiding the keys,” said Ms Gubede.
“He allegedly attempted to silence her with $5, which she refused to accept, prompting Mushayi to raise the offer to $10, which was declined too, before she left.”
The matter was reported to the police leading to Mushayi’s arrest. — @sharonbuwe