Published: 2013 December 18 17:45:36 (5060 Views)

A Binga man who was convicted of raping his brother's wife by a Hwange regional court will wait a bit longer in remand prison to know his fate after the presiding magistrate, Dambudzo Malunga, failed to travel to Hwange for this and other matters.

Prosecutor, Sifelumusa Fuzane, said James Muleya, 41, of own homestead, Manyanda village, Pashu area in Kariangwe, Binga was likely going to be sentenced on December 31 this year.

Muleya was convicted of two counts of raping his brother's wife and supposed to be sentenced yesterday.

During trial, the court heard that the complainant freed herself from Muleya's grip after he had raped her by holding his manhood while pulling it and screaming for help. It is the state case as presented Fuzane that on May 20 this year, Muleya phoned the complainant saying he would be visiting them the following day to check on her and the children since his brother was away in South Africa.

The following day, Muleya arrived at the homestead at around 6pm after cycling for 40km and was given the kitchen hut to sleep in while the complainant retired for the night to her bedroom hut which she did not lock the door.

At around 9pm, the complainant felt someone on top of her and when she opened her eyes, she realised that it was her brother- in- law, Muleya, who had sneaked into her bedroom hut. She also realized that he had already raped her and she started screaming while struggling to shake him off her.

Muleya then grabbed her by the neck and closed her mouth with the other hand to muffle the screams.

The complainant managed to remove him and got hold of his manhood and screamed for help while pulling it.

While Muleya was struggling to free himself from her grip, she forcibly pulled him into the hut where her two children were sleeping waking them up in the process and instructed them to run to their neighbour and alert them that Muleya wanted to kill her. Muleya then slapped her in the face and twisted her hand to force her to release her grip from his manhood.

As she let go her grip, Muleya bolted out of the hut stark naked and disappeared into the night. The complainant went and made a report to the police leading to his arrest. In his defense, Muleya told the court the complainant was his lover.

He said he had proposed love to her after realizing that she was lonely since his brother was based in South Africa.

Muleya further said on the day in question, the complainant had called him and when he arrived she told him that as soon as the children were asleep, she was going to call him to her bedroom hut.

He claimed that he had been set up to take responsibility for the complainant's pregnancy while one responsible, the man working for her went scot-free.

However, the complainant denied that she was pregnant and told the court that he was lying about ever proposing love to her. - Zim Metro

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