- Published on 29 May 2014
- Written by Southerneye
A 15-YEAR-OLD HIV-positive boy has been convicted for a sickening sexual attack on his brother's three-month-old baby girl in the Greenspan resettlement area in Mberengwa in December 2013.
The boy was charged for contravening Section 131, 126 and 65 of the Criminal Law (Codification and Reform) Act Chapter 09:23 when he appeared in the Zvishavane Magistrates' Court.
It was the State's case that on December 20 2013 at around sunset, the baby's mother asked the accused to mind the toddler who was asleep in the kitchen hut while she pursued her household chores.
After a while, the State said the mother returned and to her shock found the accused sitting behind the kitchen door pants down holding the toddler between his legs with her nappy removed.
The mother grabbed her baby from the accused and found that her legs and private parts were stained with semen.
The mother also discovered that the baby's private parts were swollen.
A medical examination presented in court indicated that the accused had tried to forcefully penetrate the toddler.
Zvishavane magistrate Peter Tomupeyi Madiba slapped the boy with a wholly suspended six months sentence and ordered that he receive six strokes of the rattan cane.
Madiba, however, reduced the strokes to three following a plea by the boy's father that his son had not been taking anti-retrovirals for a while and a severe sentence would further debilitate him.
Madiba said the State was prepared to bury the boy if he died while being caned because the crime he committed was horrendous.