CRI/A/26/80
IN THE HIGH COURT OF LESOTHO
In the Appeal of:
SEEISO KAO Appellant
v REX Respondent
REASONS FOR JUDGMENT
Filed by the Hon. Mr. Justice M. P. Mofokeng on the 13th day of August, 1980
I have already upheld the appeal and set aside the conviction and sentence. What follow are my reasons.
The appellant was charged and convicted of the crime of rape by the subordinate Court and was sentenced to undergo imprisonment for a period of 12 months. He appealed against both such conviction and sentence.
On the 31st December, there had apparently been festivities for the New Year. The appellant had had some drink. At dusk he was at his sister-in-law's place. 3o was the complainant. Then other people left and eventually the complainant asked the appellant also to leave as she was leaving to fetch her suckling baby from another village. She says that appellant refused to leave but instead forcibly dragged her into the house and closed the door. She says that he forcibly subdued her; twisted her jaws when she tried to scream for help. When eventually she came out, she met two men to whom she made a report. In the final end it was the word of the complainant against that of the appellant as to whether, in fact sexual intercourse took place.
The report made by the complainant does not amount to corroboration that is in law required. (See Rex v. Qii. R/O 20/78 ( unreported ). Moreover, there is nothing on the record to indicate that the learned magistrate
2/applied the
- 2 -
applied the cautionary rule applicable to cases of this nature. (T.T. v. Rex, 1971 - 1973 L.L.R. 266; Rex v. M.L., 1971 - 1973 L.L.R. 240).
The meagre evidence that was led by the Crown was most unsatisfactory. The witnesses who ought to have been called were not. It was as a result of these unsatisfactory features that Crown Counsel conceded, and quite correctly in my view, that the case against the appellant had not been proved beyond reasonable doubt.
It was ordered in addition that the appeal deposit be refunded to the appellant.
For Appellant: Adv. Makhene For Respondent: Adv. Peete
M. P. MOFOKENG
JUDGE 13th August, 1980
