Skeletons tumble in rape of 12-year-old boy

Pini Bothoko | Thursday November 16, 2017 15:15

 

The previously unknown case also stems from 2012.

Yesterday, the Investigating Officer (IO) in the case of the 12-year-old boy, detective constable, Masego Modimo told the Broadhurst Magistrate’s Court that together with the old case, the accused was facing a total of two counts of rape and indecent assault both involving male minors.

Testifying before Broadhurst Principal Magistrate, Munashe Ndlovu, Modimo disclosed to have been probing the accused person for both cases involving male minors.

Mmegi is not naming the accused in order to protect his alleged victims’ identities.

Giving evidence before court, Modimo said after the accused’s arrest at Ginger location, another male minor told his mother and identified him as the person who had sexually assaulted him earlier on.

“The second victim told me that the accused person met him walking on the street and started sexually abusing him by touching his testicles,” the investigating officer said.

“The second victim told me that he cried and the accused person ran away.

“He said that whilst crying, another gentleman passed by and he reported that he had been abused and pointed to the accused, who was running away.”

Modimo said that she first met the accused person on July 27, 2012 when she was allocated two cases of rape and indecent assault involving two offences.

She said the first complainant alleged that the accused person accosted him while he was on his way from the shops in the late afternoon. The accused allegedly asked the minor to help him call one Phenyo from a certain yard in that street.

“The victim innocently approached the accused person and followed his instructions but could not find the said Phenyo in the yard. The victim alleged that on his return from the yard, the accused dragged him into a ditch and penetrated him in his anus.

The victim said that after that incident, he went home and told his mother what had transpired. The mother reported the matter to the police,” Modimo said.

The IO said when confronted, the accused denied ever meeting both alleged victims and said he had not done anything to them.

“I recorded statements from both victims and they were taken for medical attention. The accused person was cautioned for counts of rape and indecent assault and also told that he will later answer for the charges in the court of law,” Modimo said.

Modimo said while forensic analysis was not carried out, medical investigations showed that the incidents had indeed transpired that fateful day.

“I am certain that the accused person raped the victim because I later took both victims to identify their abuser amongst other people and they both pointed him out without hesitation,” Modimo said.

In his cross examination, the accused man asked Modimo if she had gone to the scene of the crime and what evidence on the scene linked the crime to him.

He also asked for evidence that the alleged victim’s statements were true and what links the prosecution had to him.

Modimo conceded that there was no evidence at the scene linking the accused to the crime, but said during investigations evidence from both victims proved the case beyond doubt.

Magistrate Ndlovu told the accused person that the evidence led by the prosecution proved a case against him, but he had the right to give evidence before court.   

The accused person, who failed to bring his witnesses before court, said he would give sworn evidence.