CRI/S/1/99
CR 352/97

IN THE HIGH COURT OF LESOTHO

In the matter between: REX

vs

PASEKA PHIRI

JUDGMENT

Delivered by the Honourable Mr Justice S.N. Peete
on the
15th June, 1999

On the 1st October 1997 the accused appeared before the Mafeteng Subordinate Court
facing a charge alleging that on the 21st September 1997 the accused did intentionally
and unlawfully have sexual intercourse with one Tlotlisang Morabaki, a Mosotho girl
aged 9 years and thus incapable of giving consent. In the case of REX vs SIMON
SEALA - 1976 LLR 241 at 242 Cotran CJ as he then was observed - "If the girl

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