A 31-year old man, Mmoloki Makombi has been found guilty by the Francistown Magistrate Court for raping his girlfriend’s aunt.
The court heard that the unemployed Makombo went to the complainant’s house at Monarch Area 11 on the 28th of May 2015. Makombi found the complainant sleeping alone at her house at midnight. The accused person, the court heard, gained entry through the sitting room door and proceeded to one bedroom where he found the complainant.
As the accused person opened the bedroom door, the complainant woke up, she tried to scream for help but Makombi pounced on her, forcefully removed her panty and raped her without a condom. After completing the act, the accused person then fled the scene and that is when the complainant managed to identify him as he is well known to her .The complainant then walked all the way from Monarch to the police station to lay charges of rape. Makombi was subsequently arrested and charged with rape.
Delivering judgement, Chief Magistrate Thebeitsile Mulalo noted that the State has proved its case beyond reasonable doubt as they called credible witnesses to testify against the accused person. “Although the incident happened at midnight, the complainant was able to recognize Makombi by the help of a light from a street light which was streaming in through the bedroom window.”
Mulalo further said the accused person had a love relationship with the complainant’s niece and they even used to stay in the same yard. He highlighted that at the time of the incident, the duo were not involved in a love relationship which means the sexual intercourse was without her consent.
“It is also not in doubt that the accused person’s blood sample together with the complainant’s sexual kit, containing her panties were sent to the forensic lab for analysis. The clear and undisputed finding of the forensic scientist was that the DNA profile of both the victim and the accused person could be read from the mixed DNA profile obtained from the panties,” Mulalo revealed.
He noted that such findings bring him to the unavoidable conclusion that the accused person had explicit contact with the victim. The magistrate emphasized that the victim had ample opportunity to see and clearly recognize the accused person from the light of a street lamp that streamed in through the window. “I am satisfied that the prosecution proved their case against the accused person beyond reasonable doubt and accordingly convict him as charged,” Mulalo concluded. Makombi will appear before the Magistrate again on Thursday this week for sentencing.