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[46]
The trial court also found that the appellant’s version of events leading up to
the departure for Cape Town was not supported by the objective facts. The
complainant had tried to escape from the appellant twice before being brought
to Cape Town. On neither of these occasions had she willingly returned to the
appellant. Not even the appellant suggested that she was content to be
brought back to him by her male relatives. The trial court thus reasoned that it
was highly improbable that the complainant would have willingly boarded a
taxi for a destination completely unknown to her with a man who was still a
virtual stranger, whom she had described to her mother as violent, within a
day or so after having being forced to return to him.
[47]
The trial court accepted the complainant’s version of events after her arrival in
Cape Town. Her evidence about the assaults and at least some of the rapes
was corroborated by the findings of Dr Narula. The court pointed out that
Dr Narula’s observation that the complainant’s leg wound was septic
supported the latter’s evidence that she had not received any medical
treatment, contrary to the assertions of the appellant and his sister-in-law.
[48]
It was also the trial court’s finding that if the complainant had indeed enjoyed
freedom of movement at the appellant’s house in Phillippi, as he alleged, it
was most improbable that, injured as she was, she would have gone to the
lengths that she did to escape him at the first opportunity. Furthermore, if the
appellant’s version was to be believed, the complainant could simply have told
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