R v Kali (CRI/A 38 of 83) [1983] LSCA 76 (15 August 1983)

R v Kali (CRI/A 38 of 83) [1983] LSCA 76 (15 August 1983)

The evidence did not support a conviction for rape as the complainant's testimony was not sufficiently corroborated, and the appellant's version could reasonably be true. However, there was undisputed evidence of assault, corroborated by the doctor, justifying a conviction for common assault as a competent verdict on a charge of rape.

Citation
[1983] LSCA 76
Parties
Appellant: Aupa Kali; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
15 August 1983
Case Number
CRI/A 38 of 83
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for rape set aside; conviction for common assault substituted
Legal Topics
Rape, Assault, Evidence, Corroboration, Standard of Proof
Source Language
English
Criminal Law Rape Assault Evidence Corroboration Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Aupa Kali

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was supported by the evidence
  2. 2 Whether the magistrate erred in assessing the credibility of the complainant and the accused
  3. 3 Whether the appellant's version could reasonably be true

Ratio Decidendi

The evidence did not support a conviction for rape as the complainant's testimony was not sufficiently corroborated, and the appellant's version could reasonably be true. However, there was undisputed evidence of assault, corroborated by the doctor, justifying a conviction for common assault as a competent verdict on a charge of rape.

Court Disposition

conviction for rape set aside; conviction for common assault substituted

Orders

  • Appellant found guilty of common assault
  • Appellant sentenced to pay a fine of R25.00 or in default to 25 days imprisonment