By Rex Mphisa
A 36 year old man from Msane, Beitbridge West, has been jailed for 40 years after his rape and attempted rape conviction by Regional Magistrate Charity Maphosa on Tuesday.
Effectively Mafhungo Mulaudzi of Msane Village under Chief Tshitaudze, who raped a six year old but lost a battle when a 90 year old put up a fight grabbing his manhood, will serve an effective 20 years after Maphosa said tye sentences will run concurrently.
Maphosa said she agreed with a previous High Court judgement that said courts must have a “dim view” of rape offenders committing the offence on vulnerable under 18 and over 70 years victims.
“In this case the first victim is 30 years younger and the second victim is about 50 years older than the accused who caused trauma on them,” she said.
“You pounced on them in the dark at their safe space, the only place where they felt safe and from the way the old woman walked to the stand she is still shaken,” said Maphosa.
She agreed with the state the offence was committed in aggravated circumstances in that he forced entry into their house while they slept and committed his dastardly act.
Maphosa said although he failed to rape the 90 year old who put up a good fight, Mulaudzi committed “a bad” offence.
“You violated the vulnerable, the evidence was overwhelming and your explanation that you went to leave a mobile phone does not add up,” she said.
On August 24 in the same Msane Village Mulaudzi forced entry into the dining room where the six year old slept and lifted her to another room where he raped her.
She screamed but he left and proceeded to where her grandmother slept mounting on her in preparation to rape her.
But she fought back and was rescued by someone who heard the scuffle and opened the door.
In the melee Mulaudzi slipped out but the old woman had seen his face.
And to make it worse, he dropped his phone he struggled to tell the court how it got there.
He said he had gone to leave it for his girlfriend who denied ever having a relationship with him.
Mulaudzi failed to bring any witnesses to the court and could not defend himself against the six year old who said he had done something “mischievous” pointing at her private part.
He also failed to dispute the evidence of ward security men who identified his phone and tracks.
In his mitigation he said he had two children who went with his wife who left him.
In aggravation prosecutor Wilbrought Muleya said such offences were prevalent and needed deterrent sentences.