CRI/A/25/82

IN THE
HIGH COURT OF LESOTHO

In the
Appeal of :

MOTHONYANA
RALETING Appellant

v

REX
Respondent

REASONS
FOR JUDGMENT

Appellant
in Person

Mr.
Khauoe for the Crown.

Delivered
by the Hon. Mr. Justice F.X. Rooney on the 6th day of July, 1982.

On the
4th June, 1982, I dismissed this appeal and I increased sentence
passed upon the appellant. I now give my reasons.

The
appellant, who is a youth of 18 years, was convicted by Mr. G.H.
Mphafi of the crime of rape. Although he appealled to this
Court
against his conviction, I am satisfied that his appeal was without
merit. That magistrate had before him substantial evidence
indicating
the guilt of the appellant.

The
appellant is one of a gang of three youths who on the 23rd of
January, 1982 waylaid and set upon the complainant, a girl of
18. She
was raped by all three men in broad daylight. A man who saw what was
happening did not come to the unfortunate girl's rescue
because he
feared her assailants. Medical evidence confirmed the complainant was
a virgin before she was attacked.

In
passing sentence, the magistrate took into account that the appellant
was a first offender but he

2

added : "The mode he perpetrated this rape was barbaric and
showed disrespect of humanity".

He went
on

"Other considerations are that in my only two months stationed
in Mafeteng district, I have presided over five rape cases
committed
by the youths of this district mostly in the same disrespectful
manner as the appellant. As a deterent and stoppage of
rapists
rampage severe sentences will have to be adopted".

I agree
with the magistrate that this was a shocking case and I am surprised
that he considered 18 months imprisonment a sufficient
punishment in
the circumstances. There should be no doubt as to where the courts
stand in the matter of rape. It is a serious crime.
In extreme cases
the High Court has power to impose the death penalty upon a convicted
offender. Young men who commit rape should
not imagine that the
courts will be indulgent to them on accountof their youth. If the
crime is committed in like as circumstances/those
revealed by this
case they can expect no mercy. For these reasons, I took the view
that the magistrate's sentence was far too lenient
and was inadequate
to bring home to the appellant and others of his kind the gravity of
their conduct.

I
therefore increased the sentence to one of three years imprisonment.

F.X.
ROONEY

JUDGE

6th July,
1982.

Attorney
for the Crown : The Law Office.