Danisa Masuku
A FORMER police officer from Nkulumane suburb who was accused of raping a teenage girl has been acquitted.
Nkosinathi Ndlovu who pleaded not guilty was acquitted after a full trial before Western Commonage Court regional magistrate Sibongile Msipa-Marondedze.
In acquitting Ndlovu the magistrate noted that the State failed to prove its case beyond reasonable doubt.
Ndlovu was being represented by his lawyer Task Vhiki of Macharaga Law Chambers.
โThe above factors clearly point out the high possibility that the complainant lied to her mother in order to protect a friend or a relative who could have sexually assaulted her.
โThis is a typical matter of poor investigations by the investigating officer. The investigating officer was the most crucial witness in this matter to unveil the aspect of the scene of crime, the nature of the windscreen of the motor vehicle and the existence of the apostolic sect man,โ argued Ndlovuโs lawyer in his defence outline. He further argued that the witness only parroted what she had gathered from the complainant.
It is clear that the investigating officer did not carry out proper investigations in this matter.
โRight from the onset the accused person has been denying the allegations of rape and the State made a blunder of not ordering a specimen forensic test given that the report was made spontaneously.โ
Allegations against Ndlovu were that on 18 September 2022 he was driving his Honda Fit car going to Munyoro Shopping Centre and along the way he met the complainant and stopped to give her a lift.
It was alleged that the complainant refused and Ndlovu got out of his car and forcibly pulled her inside and went on to carry out the alleged sexual attack where he is also alleged to have forced her to suck his manhood.
It was further alleged that after raping her, Ndlovu requested for her cellphone number and the complainant instead gave him her motherโs.
While he was still in the car with the complainant an unknown man was reported to have spotted them prompting him to smash the windscreen with a stone, leading the complainant to quickly bolt out of the car going to her home.
It was further said Ndlovu then sped off and later phoned the complainant but she couldnโt speak to her because of poor network.
The victimโs mother was alleged to have captured Ndlovuโs number and reported the matter to the police.
Officers from the CID Section reportedly conducted investigations leading to Ndlovuโs arrest.