FRANCISTOWN: A 32-year-old man was yesterday found guilty of raping a three-year-old girl at Block 3 on September 13 in 2009.
Delivering judgement, principal magistrate Sijabuliso Siziba noted that the accused Bruno Mohamadi pleaded not guilty to the offence when the case commenced. “The prosecution relies on the evidence of the complainant’s mother who is a police officer. She said that she knew the accused since they are neighbours. She said you put ‘gogo’ meaning your manhood in her child private parts. The doctor also said that the victim was penetrated after he examined her,” said.
He added that the mother discovered that her daughter had been abused after she developed difficulties in walking.
Siziba was satisfied that the accused was well known to the complainant who even managed to differentiate him from his brother.
“I rule out that you could be falsely incriminated since there was no bad blood that existed between you and the child’s mother. This is why she left the child under your care. The expert who conducted DNA on you and the complainant explained that the DNA found in her private parts matched yours,” said Siziba. In addition, the magistrate said that he was satisfied that the state had proved its case against the accused beyond reasonable doubt and therefore he found him guilty as charged.
Prosecutor Rodger Bosena from the Directorate of Public Prosecutions (DPP) applied for the accused to be fingerprinted to ascertain if he has previous convictions. Sentencing will be on November 2. Meanwhile, a 28-year-old man was sentenced to six years in jail after being found guilty of defiling a girl under the age of 16. The accused, Ian Cholo committed the offence between January and May in 2009 at Matshelagabedi village about 15 kilometres east of Francistown.
In mitigation Cholo said that he was a breadwinner for his family and was working for a company at Dumela industrial site. “I also have intentions of marrying the complainant although she has since found another lover,” said Cholo. Passing sentence, Siziba said that Cholo had committed a very serious offence that attracts a minimum sentence in jail, which the court can depart from if there are special circumstances.
“I have listened to your submissions in mitigation that you also have a minor child. The sentence passed by the court should fit the offence committed. First offenders are usually given lenient sentences as opposed to repeat offenders.
Having carefully analysed evidence led before court, I have discovered that the complainant is the one who kept coming to your place even though elders warned her against doing so,” said Siziba. Although, the complainant is partly to be blamed for the accused’s predicament, Siziba said that it is the duty of the courts to protect minors from different forms of abuse.
“You were 22 years old when you committed the offence which is an extenuating circumstance. I therefore sentence you to six years in jail commencing from the time you were first incarcerated in October. If you are not satisfied with the sentence and conviction you may appeal to the high court in three weeks,” said Siziba.