A Chipinge man has been sentenced to 36 months in jail for having sexual intercourse with a minor as defined in Section 70 of the Criminal Law (Codification and Reform) Act.
Msindo Makuyana (48), of New Year’s Gift, had been living with a 14-year-old juvenile (name withheld because of her age) as husband and wife since 8 August when the two met at Samhutsa Business Centre.
Makuyana appeared before Chipinge magistrate, Elizabeth Hanzi on Tuesday, who convicted him on his own guilty plea and sentenced him to 36 months in jail.
Six months were suspended on condition that he will not commit a similar offence in the next five years.
Asked why he committed the offence, Makuyana said he was misled by the girl’s physical appearance. He said:
I was not aware of the girl’s age. I thought she was an adult since she has a big body. I am begging for lenience because I am in good books with my wife (the minor). I also did not force her to be my wife.
Prosecutor Chipo Matanga told the court that Makuyana’s marriage to the minor came to light after the two visited the complainant’s aunt, Susan Sigauke where she (the complainant) intended to introduce Makuyana as her husband.
Sigauke told Makuyana that he cannot marry the complainant because of her age.
She (Sigauke) made a police report on Monday leading to Makuyana’s arrest.
The complainant was taken to Chipinge District Hospital for medical examination.