Pregnant woman discharged in sex-for-phone case

Lebogang Mosikare | Wednesday January 22, 2014 17:17

The state alleged that Mpho Royal stole a cellphone belonging to Lethabile Muchichwa on September 28 in 2012.

According to the judgment the two met at a local nightclub and agreed to go to Muchichwa’s place in Selepa where they engaged in sex.

“According to the accused the complainant gave her the phone as payment for sleeping with her without using a condom.

“No one who was with the accused and the complainant knew the terms of agreement for having sex together.

“The accused said she was given the phone in order not to report the complainant for having sex with her without using a condom.

She also alleged that she took the phone because the complainant had no money to pay her after they had sex,” said Magistrate Sijabuliso Siziba.

He added: “On the other hand,  the complainant did not deny having sex with the accused. He said he used a condom.

“The court has not being given evidence that the accused and complainant were in love. The complainant has not told the court what he benefited from the relationship.

“In my view the accused’s version may be true given that the complainant invited the accused to his place. It is wise for the court to leave the status quo to remain.

“The state has failed to prove its case against the accused beyond reasonable doubt. I therefore acquit and discharge the accused.”

The court also ordered the state to give back the P600 found in her possession after selling the phone.

The accused who was heavily pregnant was all joy after the judgment went in her favour. Sergeant Mothokomedi Mombala prosecuted.