a protector rather than the villain. It is indeed a sad fact that
instead of diminishing, this phenomenon is gaining
momentum and has become so wide spread that it now forms
part of the daily news reports not only in Lesotho but in other
countries as well. It is a grave cause for serious concern and
certainly needs to be discouraged at all costs. One way is by
the Courts marking their displeasure by imposing serious
punishments that properly reflect the gravity thereof.”
[12] I have already shown that the court a quo meted out the prescribed
minimum sentence of 10 years imprisonment. However, in the light of
the principles that I have referred to above and the compelling
circumstances of this case, it is my view that the prescribed sentence is
disproportionate to the crime committed in this case which took place
for lengthy period, resulting in the young girl falling pregnant. It does
necessitate this Court’s intervention.
[13] Further, the courts have prescribed much higher sentences in
similar cases and it is only fair that there should be some form of
uniformity in all. For example, in another case that was brought before
me for review at the same time as the present one, to wit, R v Sebeso
Masitha CRI/526/13, the accused was sentenced to imprisonment for a
period of fifteen years yet his offence was of a lesser degree than the
present one by way of comparison.
[14] It is also worthy to note that in the Leteba case, (supra) I
sentenced the accused to imprisonment for a period of twenty (20) years