A MARRIED Bulawayo man accused of raping and impregnating his domestic worker yesterday went scot-free after the State failed to prove its case.
Regional magistrate Chrispen Mberewere acquitted Milton Ndlovu at the close of the State’s case saying the evidence was not enough to prove that Ndlovu had raped the 23-year-old maid.
“After considering evidence that has been led in this court so far, it is clear that the State has failed to give evidence beyond reasonable doubt. This court therefore cannot proceed and try Ndlovu. He is found not guilty and discharged at the close of the State case,” said magistrate Mberewere.
During his last appearance before he was acquitted, Ndlovu produced WhatsApp messages to prove he had consensual sex with the domestic worker. “Your worship, she was my girlfriend. We used to communicate via WhatsApp during the course of our relationship. She told me that she feared that she could be pregnant and I gave her money to undergo a pregnancy test,” said Ndlovu.
“The test came out positive. She told me that she didn’t want to keep the pregnancy as she had a boyfriend who is a soldier and wants to marry her.” He produced WhatsApp messages showing conversations between him and her discussing pregnancy issues.
“She asked for some money and she used the money to buy tea leaves and soda powder to make a concoction as she tried to get rid of the pregnancy. However, I warned her against terminating it,” said Ndlovu.
He used the WhatsApp messages as a basis to cross- examine the domestic worker who admitted she sent the messages to him. Ndlovu read out some of the messages in which she told him of several ways in which she was trying to get rid of the pregnancy.
The maid had insisted that Ndlovu raped her twice, in May and June. She said she did not make a police report in both instances. She said she waited for her employer to pay her salary before resigning.
The maid said she went to her aunt’s home, where she began bleeding and was rushed to Mpilo Hospital where doctors told her she had miscarried. Trust Muduma, for the State, alleged that in May this year, Ndlovu went to the kitchen where the maid was doing her chores.
He allegedly proposed love to her and she turned him down. “As Ndlovu left for work that day around 7AM, he asked her a question. The maid directed him to the veranda and Ndlovu pulled her to the bedroom while she screamed for help,” said Muduma.
He undressed her and removed his trousers before raping her once. Afterwards the woman dressed up, left the bedroom crying and proceeded to the kitchen. Ndlovu went to her and apologised for his actions.
The woman did not tell anyone about the incident. “On June 13 at around 7AM, the woman was in her bedroom and Ndlovu came from behind, grabbed her and pushed her to the bed. He then raped her once, dressed up and left the room,” Muduma said.
He also alleged that the woman sent a WhatsApp text to her aunt telling her about the rape. “The maid’s aunt told her to leave the place at once but she insisted on staying a bit longer to wait for her salary.
The maid made a report at Entumbane Police Station leading to Ndlovu’s arrest.” chronicle