A Bikita shopkeeper has escaped conviction for raping a minor after giving the defense that he was deceived by the girl’s big body.
This is the second such ruling after Justice Gwatidzo of Beitbridge was also allowed to go scot free after giving the same defense.
Advance Dzingai (21) who resides at Mahwire Village, Chief Mkanganwi Bikita and is employed at Chemhere shop at Jaravaza Business Centre in Bikita as a shopkeeper was acquitted of having sex with a minor after he told Magistrate Caroline Tafira that he was deceived into committing the crime by the girl’s large body.
The victim is a female juvenile aged 15 and is a form one pupil at Gwindingwi High School in Bikita.
It is the State case that on a date unknown to the prosecutor but in September 2014, the accused person proposed love to the complainant and she accepted. The accused person and the victim became lovers.
On June 13, 2016 the victim proceeded to the accused person’ s workplace and the two had consensual sexual intercourse.
They were caught by the victim’s brother who then took the victim to the Police and made the report leading to the arrest of the accused person.
The victim was sent to Silveira hospital where she was examined by a medical doctor which was used as an exhibit in court.
Richard Nyamuwomba prosecuted.