Molapo v R (CRI/A 25 of 2001) [2002] LSCA 91 (3 May 2002)
The prosecution failed to prove the essential elements of rape or indecent assault, did not corroborate the complainant's evidence, and failed to counteract the defence of alibi. The magistrate erred in not giving reasons for judgment and sentence. The conviction and sentence cannot stand.
- Citation
- [2002] LSCA 91
- Parties
- Appellant: Lesole Molapo; Respondent: Rex
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Judgment Date
- 3 May 2002
- Case Number
- CRI/A 25 of 2001
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed; conviction and sentence set aside; acquittal entered
- Legal Topics
- Rape, Indecent Assault, Alibi, Burden of Proof, Corroboration, Sentencing, Judicial Reasoning
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lesole Molapo
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the prosecution proved the essential elements of rape or indecent assault
- 2 Whether the complainant's evidence was corroborated
- 3 Whether the defence of alibi was adequately countered by the prosecution
Ratio Decidendi
The prosecution failed to prove the essential elements of rape or indecent assault, did not corroborate the complainant's evidence, and failed to counteract the defence of alibi. The magistrate erred in not giving reasons for judgment and sentence. The conviction and sentence cannot stand.
Court Disposition
appeal allowed; conviction and sentence set aside; acquittal entered
Orders
- The appeal is upheld.
- The conviction and sentence are set aside.
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