A 51-year-old Seke man who bedded and impregnated his 18-year-old niece has been slapped with a four year jail term for incest by a Harare magistrate.
James Chihuri who was initially facing rape charges was freed of those after he managed to convince the court that teenage niece had seduced him into the sexual relationship. Chihuri who told the court of how his niece would give him provocative hugs and sit on his lap touching his face to check for pimples on a daily basis managed to evade the rape charges, but he could not get away with incest.
After the niece fell pregnant, Chihuri’s wife, Anna Magwenya took her to a herbalist in a bid to terminate the pregnancy but it was to no avail and it was after this attempt that Chihuri informed her that the child she was carrying was his.
Harare Magistrate, Temba Kuwanda sentenced him to four years in prison, and of the four, one was suspended on condition of good behaviour.
In mitigations, Chihuri pleaded with the court for a leaner non-custodial sentence to enable him to take care of his three weeks old baby who is the product of the incestuous relationship but the court said he deserved to live in the jungle rather.
“You are not fit to be granted non-custodial sentence. If the law permitted, I would not have incarcerated you but rather sent you to the jungle with the animals because you are not fit to cohabit with humans,” Kuwanda said.
The court heard that after a few sexual encounters with the niece, she informed Chihuri that she had missed her period and in a bid to terminate it, he gave her half cup of boiled Tanganda tea leaves to drink.
Instead of reporting the matter to the police, Magwenya took the girl to a traditional healer identified as Simbisai Magora to terminate the pregnancy. Magora gave the complainant some powdered herbs to mix with porridge but he failed to terminate the pregnancy.
Magwenya later informed the girl’s parents about the pregnancy through a phone call and this led to his arrest.