17
television set as well as to the waiver by the appellant of the complainant’s transport
fees.
[43]
The evidence of the nurse, who saw the complainant at the clinic, was that the
latter’s mother had brought her to the clinic saying that she suspected that ‘a certain
man’, who transported her child to school, had raped her daughter. She provided
bases for the suspicion. This communication took place in the presence of the
complainant. All the while the complainant was crying. The complainant’s mother
informed the nurse that she had put her suspicions to her child but that she had not
been forthcoming. According to the nurse the mother informed her that the child just
kept on crying without divulging anything. It was only after the mother was requested
to allow the nurse to question the child alone that the complainant then informed her
that the appellant had raped her in the back of the van which he used to transport
her to school. It is necessary to take into account that, under cross-examination, the
nurse testified that she gained the impression that the child was uncomfortable with
her mother in attendance because she was ‘continuously crying’. From the nurse’s
examination of the complainant’s vagina she concluded that there had been
penetration.
[44]
The fact that the complainant’s mother, in her presence, had informed the
nurse about the circumstances giving rise to her suspicions and her simultaneous
identification of the appellant as the person she suspected of having raped her child,
is not without significance in the overall assessment of whether the State had met
the onus of proving the appellant’s guilt beyond a reasonable doubt. It will be
recalled that, according to the nurse the complainant was uncomfortable in her
mother’s presence. In addition her mother had already subjected her to an
interrogation and pressure. Even though the complainant’s mother left the room
before the complainant then provided the nurse with a description of events, the
power of suggestion by her mother cannot be discounted.
[45]
Under cross-examination the appellant’s legal representative sought to
explore whether the complainant understood what the word ‘relative’ meant. She
replied she understood the word to mean that it was a family member who was ‘not
very close’. The complainant was adamant that the appellant did not qualify as a
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