HIGH COURT OF LESOTHO
Appeal of :
by the honourable Acting Chief Justice Mr, Justice J.L. Kheola on the
10th day of December, 1986.
10th December, 1986 I summarily dismissed the appeal in this case in
terms of section 327 of the Criminal Procedure and Evidence
and indicated that my reasons would follow. The following are such
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
intercourse with 'Malihlahleng Makoetenyane a woman of about 20 years
of age without her consent and thus commit a crime
of rape as
appellant pleaded guilty to the charge and the public prosecutor
stated the facts of the case as disclosed by the evidence
possession as follows:
"Crown evidence would show that on the 21-9-86 the complainant
'Malihlahleng was walking with another woman from ha Khalieli
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
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 stopped
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 to
Lihlabeng lodge. They later left Lihlabeng lodge and went to where
the driver of the vehicle had been given accommodation. They
the place and the driver and the other woman went into the house and
left the accused and the complainant in the vehicle.
left the accused in the vehicle and went to where she stayed. But
when she was some distance away from the accused,
Crown evidence would further show that the accused showed that he
wanted to have sexual intercourse with the complainant but
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 his trousers
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.
After he had received the report Tpr. Mahleke and another police
officer together with the complainant went to where complainant
showed 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. Tpr.
Mahleke put questions to the accused in the presence of the
complainant and the accused explained to the Police Officer.
the explanation he gave the accused was then cautioned and given a
charge of rape. The accused was arrested and the accused
Police officer to the scene of crime.
place the complainant's hat was picked up. There was some disturbance
on the ground for a distance of sixteen (16) paces.
hat was seized as an exhibit and is marked exhibit "1".
Mahleke referred the complainant to the doctor for examination.
The doctor examined the complainant and found bruises
on the knees,
and also found vaginal smears. The complainant would show she had not
allowed the accused to have sexual intercourse
appellant admitted the facts stated by the public prosecutor. After
he was convicted of rape he stated in mitigation of sentence
although the complainant had accepted his love proposal, she never
consented to have sexual intercourse with him.
grounds of appeal the appellant does not deny that he raped the
complainant but merely complains that he pleaded guilty because
police had deceived him that if he pleaded guilty he would be given a
very light sentence. If the appellant is of the opinion
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 himself to be very lucky and must
thank his stars for having appeared before a very
result the appeal against both conviction and sentence was summarily
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