THE High Court has dismissed an appeal against conviction and sentence by a Bulawayo man serving a 12-year jail term for torturing an 18 year old church mate and raping her before taking pictures of her private parts.
Ngqabutho Masuku (31) of Mzilikazi suburb tortured and raped the girl after detaining her for two hours in his bedroom.
The rapist and his victim were both members of the Seventh Day Adventist Church.
They were ex-lovers and the woman had earlier terminated the affair after discovering pictures of a nude woman in Masuku’s phone.
Masuku was last year convicted of rape and sentenced to 16 years in jail of which four years were conditionally suspended for five years.
Through his lawyer, Mr Prince Butshe-Dube of Mathonsi Ncube Law Chambers, Masuku filed an application at the Bulawayo High Court challenging his conviction and sentence citing the state as the respondent.
He said there was misdirection on the part of the lower court, arguing that he had consensual sex with his church mate who was also his ex-girlfriend.
Masuku, in his grounds of appeal, claimed that he was seduced by ex-girlfriend before she lured him to his bedroom where they had sex.
In his ruling, Justice Nicholas Mathonsi said the lower court meticulously dealt with the evidence and correctly accepted the state case.
The judge described Masuku as an unrepentant sexual pervert and treacherous sadist who took advantage of a defenceless and vulnerable victim.
“You are an unrepentant appellant who, as late as then, still did not see anything wrong with battering a girl and having sex with her at the same time. It was typical of behaviour of sexual pervert, a treacherous sadist who derived pleasure in torturing a young girl for warped sexual fulfilment, or forcing her to have feelings for him,” said Justice Mathonsi.
“You abused a defenceless and vulnerable girl simply because you could not accept rejection, taking advantage of your religious association with her to turn her into a sex slave in the most ungodly manner,” said the judge.
He dismissed Masuku’s appeal, saying it was baseless and lacked merit.
“There was no misdirection whatsoever and this appeal is spectacular for its lack of merit. It is accordingly dismissed,” ruled Justice Mathonsi.
On June 15, 2013, Masuku and the complainant, along with other Seventh Day Adventist Church members, went for a church crusade at Mawabeni in Esigodini and returned late at night.
The court heard that the commuter omnibus they were travelling in ran out of fuel on arrival in Bulawayo and the driver was unable to deliver the passengers to their homes.
The complainant and her sister suggested that they would walk home but other church mates discouraged them since it was late.
Masuku then offered to accommodate the two girls at his house in Mzilikazi suburb.
On arrival at his home, Masuku asked his ex-girlfriend to have a private conversation with her and she agreed before they went to his bedroom.
Masuku bended on his knees and pleaded with the complainant to forgive him, but the girl told him that she was no longer interested.
He assaulted the girl before he forcibly kissed her. When the complainant tried to scream, he shoved a teddy bear into her mouth and increased the volume of music which was playing on his laptop.
Masuku removed the victim’s clothes and raped her after which he sarcastically asked the complainant whether she had enjoyed the sex.
He raped the complainant twice during which he tortured her and took pictures of her private parts
