the most compelli
that
help.PWS's cond
a
appreciated the need
head of
report her l:J
her
ndmother, as
house. The court also notes that PWS, despite her anguish
-"
court is convi
on account
-
-
"
that PWS could identity
some Ilght coming th
-
---~
·············· ••••••·•••••••·······························
lant, as her uncle
proximity as he was on top of her, with the
the
of
and that, although weak, she
the venti
conscious and aware
immediately
-
put on her pant first, before calling on her
~() __and c~!I PW?'._
younger brother,
her surroundings as her
the incident,
court has a
the accused' own charge and caution,
statement in which
victim.
of mind to
demonstrates the urgency with which she
arid- pain, had the modesty
was a
had the
accused
to have had sexual intercourse with the
thus;
"I followed her inside the said house and got her in one of the rooms' got
her standing doing nothing. I was tempted and I decided to pull her down,
removed her knickers' whitish in colour, remove from my trouser my
erect penis and started penetrating into her vagina.I tried very much to
penetrate inside but she was narrow used force but still failed decided
abandon the whole
after failing penetration. I didn't ejaculate".
the fact, PW4 testified that the accused
her. The accused
· "I
left her inside the house and went outside. It
about midday then
went to the bathroom, took a bath quickly and went to the
waiting
for vehicle transport with the intention of going back for duty Kakira".
The court finds corroboration
circumstances in
evidence of
PW4, when she stated that she saw the accused, after bei
called
Lorrai
about the
at his home as he hurriedly prepared to go to work,
same time.
12
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