R v Molapo (CRI/A 27 of 86) [1986] LSCA 90 (30 June 1986)

R v Molapo (CRI/A 27 of 86) [1986] LSCA 90 (30 June 1986)

The prosecution's evidence, particularly the complainant's unshaken testimony and the accused's failure to testify or rebut the prosecution's case, proved the crime of rape beyond reasonable doubt. The magistrate's conviction was justified and not against the weight of evidence.

Citation
[1986] LSCA 90
Parties
Appellant: Kalebe Molapo; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
30 June 1986
Case Number
CRI/A 27 of 86
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Onus of Proof, Failure to Testify
Source Language
English
Criminal Law Rape Evidence Onus of Proof Failure to Testify

Case Brief

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Parties

Kalebe Molapo

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved the crime of rape beyond reasonable doubt
  2. 2 Whether the conviction was against the weight of evidence

Ratio Decidendi

The prosecution's evidence, particularly the complainant's unshaken testimony and the accused's failure to testify or rebut the prosecution's case, proved the crime of rape beyond reasonable doubt. The magistrate's conviction was justified and not against the weight of evidence.

Court Disposition

appeal dismissed

Orders

  • conviction upheld