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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