Prisoner nearly earns himself extra five years

High Court judge Justice Maruping Dibotelo restrained himself from giving him the extra five because of his age.  Mogomotsi is appealing the conviction and sentence for the rape.  He denied raping the complainant, saying he had had sexual intercourse with the complainant before that date and that it was always consensual.

But state counsel Kebuang Nokaloba was unmoved by the accused person's argument.  She said that according to the charge sheet and evidence laid at the magistrates' court, Mogomotsi went to the neighbour's place and burst into the complainant's house, forcing her to scream upon seeing him.  However, she relaxed after recognising him.  A moment later, Mogomotsi produced a knife and demanded sex from the complainant who resisted.  They struggled until Mogomotsi overpowered and penetrated her.