Judge dismiss rape conviction appeal

Lebogang Mosikare | Wednesday April 3, 2019 15:54

 

The convict, Goabaone Letswai, was convicted of one count of rape that he committed on March 29, 2014 at Leretwa ward in Mahalapye. 

Dismissing the application, Justice Ketlogetswe said the appellant stated that the sexual intercourse was consensual.

“According to the complainant, she was at one Oagile’s place entertaining herself. The appellant was also at the same place. Around 9 pm, she decided to go home to sleep,” said Ketlogetswe.

“The complainant’s place was near where she was entertaining herself. The appellant decided to accompany her but she declined his offer. The appellant followed her.” 

Upon opening her bedroom’s door, Ketlogetswe noted, the appellant immediately arrived and entered the room. 

“The appellant ordered her to undress and then raped her. After he was done, he took alcohol and then poured it on the floor. The magistrate said that the complainant was a credible witness and her testimony was not challenged. The appellant’s grounds of appeal were that he was not accorded a fair hearing, he was convicted on irrelevant evidence and his sentence was excessive,” said Ketlogetswe. 

“I have no doubt that the appellant’s conviction and sentence were appropriate. His application is hereby summarily dismissed and his sentence should commence on July 2016. The appellant is advised to make his appeal at the Court of Appeal,” the judge added.