At the close of the day the lower court found that prosecution had proved the
case to the requisite standard and convicted the appellant and sentenced him to 8
years imprisonment with hard labour.
In my view, the matter has its genesis from the events of the night of 15 January
2008 in the bathroom of PW4. On this night PW4 heard footsteps across her
verandah then she heard voices in her bathroom. She got suspicious about the
circumstances and decided to go and check who it was that had occupied her
bathroom. This was about 9.00 pm and, in accordance with the evidence of the
appellant himself, people in Mtandire walk about long after that hour. As PW4
went towards the bathroom to open the door the appellant opened the door and
came out but with his trousers down. PW4 was able to identify him as her tenant
and she asked him what he was doing in her bathroom. It was at this point that
the appellant pulled his trousers up and told her that he was relieving himself and
he left the scene. She was not completely satisfied so she lit a match and found
the complainant hurdled up in a corner. PW4 asked PW1 what she was doing and
PW1 told PW4 that she was urinating. When PW4 was not satisfied with PW1’s
answers she told PW1 that she would report the matter to her father. It was at
the point that PW1 bolted from the bathroom but PW4 informed complainant’s
father about this matter. Meanwhile, PW1 was arrested by another woman and
brought back to her father and upon being questioned about the matter she
revealed that she had had several sexual relationships with the appellant. She
further revealed that on the night in question PW4’s coming to the bathroom had
frustrated appellant’s plans to have sex with her yet once again. As the matter
occurred at night PW1 could only be taken to hospital on 16th January. The
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