The judge dismissed the appeal immediately after arguments saying that the case was straightforward. "The appeal against conviction and sentence is dismissed and I will give my reasons on June 28. I do not want to keep you hopeful thinking that you might succeed at the appeal," he said. The 37-year-old Sasoka was convicted by a magistrate for the rape in Mmamasiloanoka cattleposts near Radisele. He was sentenced to 12 years in prison six months ago. During his appeal the judge grilled him as to why he said that his conviction was unsafe when the case was straightforward. "This is why the magistrate indicated at sentencing that she has taken into consideration the fact that the child had sustained injuries during the offence and the psychological effects on the child who will have to live with this for the rest of her life.
Do you think it is something that she can just forget? Is it just business as usual for you? She will always think of the terrible incident," the judge asked him. Makhwade said the child had to call out to her aunt to come and collect her because she could not walk on her own. He said he failed to see the conspiracy the convict was talking about. "If it was a conspiracy, I would say it was very successful," he said.In his arguments, Sasoka told the court that he did not commit the crime and that the witness just made up stories against him. He said his trial was not conducted properly. "I was not identified properly because there was no parade. I was the only handcuffed man in the back of the police vehicle when the complainant was brought to come and identify me. So it is understandable that she said it was me," he said. He said that the court and the police refused to take him for a medical examination. In response to the judge's questions, he said that he understood the offence could damage the complainant psychologically but he is not the one who committed it.
