High Court denies bail to Masvingo man appealing 20-year rape sentence

The Masvingo Provincial High Court has refused bail pending appeal for a Masvingo man seeking to overturn a 20-year jail sentence handed down by the Masvingo Magistrates’ Court three months ago.

Justice Christopher Dube Banda ruled on 12 May 2026 that the risk of the applicant absconding was too high to allow his release while the appeal is considered.

The applicant was convicted by Magistrate Innocent Bepura on two counts of rape under Section 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23].

He applied to the High Court, arguing that the lower-court proceedings were compromised by a family dispute involving witchcraft allegations and that the month-long delay in reporting the case suggested it was fabricated.

The State, represented by Edwin Mbavarire, did not oppose the bail application, but the court nevertheless refused release.

Justice Dube Banda noted that once a conviction and sentence are in place, the legal presumption shifts.

He weighed the seriousness of the offence, the 20-year sentence with no portion suspended, and the applicant’s personal circumstances, and concluded the risk of absconding was high.

The appeal, filed under case number HCMSCR 742/26, challenges both conviction and sentence. The applicant argues that the delayed police report undermined the complaint’s credibility and that the case stems from a family dispute. He told the Magistrates’ Court that relatives had accused him of witchcraft and that the charge was being used to settle family scores.

The Magistrates’ Court found the complainant was a Grade 7 pupil and the applicant’s niece, and that he was acting in “loco parentis” at the time. In sentencing, Magistrate Bepura cited aggravating factors including abuse of trust, use of a weapon, and threats made to the complainant.

Justice Dube Banda said the appeal would allow the High Court to review whether the lower court erred on evidence, credibility and sentencing. Key issues include the timing of the police report and the alleged family dispute.

For now, the applicant will remain in custody while awaiting the appeal outcome. *_-Pindula_*