of his pants. He then thrust his penis into the vagina of the complainant who then
screamed in pain.
The medical report made by Dr Sethinyane indicates thatvaginal examination was
painful and consistent with penetration, that the hymen was bleeding that there were
bruises of the vulva. Complainant's uncle one Mahlomola Mokebe having received a
report from Lineo came and knocked at the door and the complainant replied
"ke 'na enoa, malome". Upon entry, the accused was found hiding under the table
naked and was apprehended and taken to the village chief. The complainant was
subsequently taken to the doctor at Mafeteng hospital where the examination was
made on the 23rd September 1997.
The accused accepted the facts as outlined and was convicted as charged. The
prosecutor then informed the court that the accused had no previous convictions. In
mitigation the accused then states as follows: -
"I do not deny this at all. May court exercise leniency. I have a calf to compensate the
complainant with"
Court: - "This is a serious kind of a case. I do not think the powers I have will meet its
seriousness. I therefore commit accused to the High Court for sentencing."
This was a proper thing to do in the circumstances of this case under the provisions of
Section 293 (1) of the Criminal Procedure and Evidence Act of 1981. The courts
worldwide view rape as a very serious offence which manifests the crude and
animalistic nature of the offender's conduct. Each rape case has its own particular
circumstances and in some cases, aggravating factors may exist. Young age of the
complainant may be one of them, and the age of the accused may be another (S. v. V. 1989 (1) SA 533). It is the malicious taking advantage of a young complaint to satisfy