The ManicaPost
By Ray Bande and Luthando Mapepa
THE 61-year-old Chipinge man who sodomised his five year old neighbours’ son was sentenced to 20 years imprisonment at the close of trial last Friday.
Simon Madhoyo (61), who resides in Bare village of Mwacheta communal lands under chief Musikavanhu in Chipinge South constituency, pleaded guilty when he appeared before regional magistrate Mr Bishard Chineka.
Madhoyo, who was facing aggravated indecent assault charges, will however serve an effective 14 years imprisonment after six years were suspended.
It was the State’s case led by Mr Themba Dhliwayo that on February 13 at around 12am at Mwacheta village, the five-year old boy went to the accused person’s homestead.
The accused person then called complainant into his kitchen. Madhoyo then ordered complainant to lie on the ground and sexually abused the victim.
The complainant then proceeded to his homestead and told his mother who then reported the matter to police leading to the arrest of Madhoyo. The complainant was medically examined by a doctor and medical report confirmed that he had been abused.
In his mitigation, through his legal representative Mr Langton Mhungu of Mhungu, Kwirira and Associates, Madhoyo pleaded with the court to pass a lighter sentence.
“Your worship, I am praying the court not to pass lengthy sentence to my clients although he committed a serious offence. Human beings are prone to make mistakes.
“My client has not committed an offence for the past 61 years and the fact that he pleaded guilty is a sign of remorse of his conduct therefore a sentence of 15 years minus nine years is fair,” he said.
In passing the sentence magistrate Chineka said the accused deserves a custodial sentence despite showing remorse.
“The accused plea of guilty is an important mitigation factor. The matter was finalised in a short space of time therefore he deserves a compensatory judgement and a significant chunk of sentence should be set aside.
“Also the complainant did not transmit STIs to the complainant but in aggravation the accused committed a serious offence and a custodial sentence is an option. Giving him lighter sentence will discredit the integrity of the courts outside there. We need to send the message clear to would be offenders,” he added.
Thus the accused was sentenced to 20 years in jail and six years were set aside on condition that the accused will not commit another offence in five years.
