Mbare magistrate Victoria Mashamba was told last week that Simbarashe Mapako of Shawasha Flats in Mbare allegedly confronted the girl around 7.10am on February 5 2012 and fondled her breast without her consent.
When she asked him what he was doing and telling him to stop, he allegedly pushed her vending table, scattering and damaging her wares. The goods had an estimated value of $46.
Mapako allegedly ran away when the girl indicated she was going to inform her sister. She told the court that she was upset with what Mapako had done and attacked him with a stone. The complainant also indicated Mapako had also proposed love to her and would even follow her to the toilet.
Mapako admitted to damaging the complainant’s goods but denied fondling her. He argued that she was carrying a baby and had a shawl wrapped around her breast area meaning he could not have had access to her breast even if he tried to touch her. Mapako claimed he only touched her hand.
But the girl insisted that he reached for her breasts with the baby shawl on and fondled her.
Mapako is also accused of escaping from lawful custody on February 6. A police officer at ZRP Matapi police station allegedly took him into his office to investigate the indecent assault and malicious damage to property case but he allegedly ran out of the office and disappeared into Shawasha Flats.
He was rearrested at Shawasha Grounds three days later. Prosecutor Revai Mudozori is appearing for the state, while Mapako had no legalrepresentation.