7 February 2019
Fortune George Mutute with his mother
A HARARE man yesterday wept in court when he was cleared of rape charges.
Fortune George Mututa, 37, of Warren Park 1 cried in the dock while magistrate Nemadire acquitted him of raping a 14-year-old after a full trial.
“These rape charges are malicious and they have been brought against an innocent man. Court will not convict such in this instance,” read Harare regional magistrate Morgan Nemadire while acquitting a man of rape.
He was out of custody on $100 bail.
Mututa had pleaded not guilty to the charges when the trial kicked off, telling the court that the complainant was made to lie by her relatives (names supplied).
“I am an innocent man and I have been close to the complainant but these charges are malicious. I do not understand while these charges are being brought against me.
“The complainant was fed with lies by her aunty and uncle because they found her in possession of two dollars and insisted that I had given her the money so that she does not disclose what they alleged happened,” said Mututa.
During trial, the complainant told the court that she had been raped “sometime in May last year” but lodged a complaint with the police on August 10 last year.
The medical affidavit produced in court also showed there was no penetration.
In his ruling, magistrate Nemadire added that the court could not convict Mututa because of insufficient evidence in the case.