IN THE HIGH COURT OF LESOTHO In the
Appeal of :
KHOBOHELO MOKOMA Appellant
Delivered by the honourable Acting Chief Justice Mr,
Justice J.L. Kheola on the 10th day of December, 1986.
On the 10th December, 1986 I summarily dismissed the
appeal in this case in terms of section 327 of the Criminal Procedure
Act 1981 and indicated that my reasons would follow. The
following are such reasons.
The charge against the appellant reads as follows:
"That the said accused is charged with the crime of
rape. In that upon or about the 21st day of September, 1986 and at or
Thaba-Tseka township in the district of Thaba-Tseka the said
accused did wrongfully and unlawfully and intentionally have sexual
intercourse with 'Malihlahleng Makoetenyane a woman of about 20 years
of age without her consent and thus commit a crime of rape
The appellant pleaded guilty to the charge and the
public prosecutor stated the facts of the case as disclosed by
in his possession as follows:
"Crown evidence would show that on the 21-9-86 the
complainant 'Malihlahleng was walking with another woman from ha
to F.T.C. The woman works at Khalieli's place. It was during
the night. On the way the accused
and another came to them. Accused and his friend were
travelling in a vehicle.
Crown evidence would further show that the woman who was
with the complainant knew the accused and that other man. The women
the vehicle and asked for a lift to F.T.C. When they left
F.T.C. premises the two men and the women went away in that vehicle
Lihlabeng lodge. They later left Lihlabeng lodge and went to where
the driver of the vehicle had been given accommodation. They got
the place and the driver and the other woman went into the house and
left the accused and the complainant in the vehicle. The
left the accused in the vehicle and went to where she stayed. But
when she was some distance away from the accused, the
Crown evidence would further show that the accused
showed that he wanted to have sexual intercourse with the complainant
refused. After they had crossed the donga near
Thaba-Tseka Township the accused then twisted the complainant's arm.
The woman cried
out but the accused fell her down and put his hand on
complainant's mouth to silence her.
Evidence would show that the accused then lowered the
complainant's pantie and even tore it off. The accused then lowered
and started having sexual intercourse with the
complainant. After the act the accused left the woman there and went
away. The complainant
came to the charge office at once and reported
the matter to Tpr. Mahleke.
After he had received the report Tpr. Mahleke and
another police officer together with the complainant went to where
the accused could be found. This was at about 2.00
a.m. When they got there, they found the accused sleeping in a van.
put questions to the accused in the presence of the
complainant and the accused explained to the Police Officer.
Following the explanation he gave the accused was then
cautioned and given a charge of rape. The accused was arrested and
took the Police officer to the scene of crime.
At that place the complainant's hat was picked up. There
was some disturbance on the ground for a distance of sixteen (16)
The complainant's hat was seized as an exhibit and is marked
Tpr. Mahleke referred the complainant to the doctor for
examination. The doctor examined the complainant and found
the knees, and also found vaginal smears. The complainant
would show she had not allowed the accused to have sexual intercourse
The appellant admitted the facts stated by the public
prosecutor. After he was convicted of rape he stated in mitigation of
that although the complainant had accepted his love
proposal, she never consented to have sexual intercourse with him.
In his grounds of appeal the appellant does not deny
that he raped the complainant but merely complains that he pleaded
the police had deceived him that if he pleaded guilty
he would be given a very light sentence. If the appellant is of the
that a sentence of eighteen
(18) months' imprisonment is not very light for the
offence of rape, he
must look at collection 297 (b) of the Criminal
Procedure and Evidence Act 1981
that death sentence may be passed by this Court upon an
accused convicted before or by it of rape. The appellant must regard
to be very lucky and must thank his stars for having appeared
before a very lenient magistrate.
In the result the appeal against both conviction and
sentence was summarily dismissed.
ACTING CHIEF JUSTICE.
5th January, 1987.
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