S v Tshehlo (08/2020) [2022] ZAFSHC 164 (23 June 2022)

S v Tshehlo (08/2020) [2022] ZAFSHC 164 (23 June 2022)

The court found that the evidence of the child witnesses was unreliable and fraught with inconsistencies, and that their identification of the accused could not be accepted beyond reasonable doubt. The DNA evidence, while showing the deceased's DNA on the accused's clothing, was explained by both experts as possibly resulting from secondary transfer via the pit toilet, and the absence of the accused's DNA on the deceased's clothing was material. The accused's alibi, though disclosed late, was supported by a witness and not disproved by the State. The circumstantial evidence did not exclude every reasonable inference except guilt, and the accused's version, though containing...

Citation
[2022] ZAFSHC 164
Parties
Applicant: The State; Respondent: Sello Joseph Tshehlo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 June 2022
Case Number
08/2020
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is acquitted on all charges.
Judges
Daffue
Legal Topics
Rape, Murder, Child Witness Evidence, Dna Evidence, Circumstantial Evidence, Evaluation of Alibi
Criminal Law Rape Murder Child Witness Evidence Dna Evidence Circumstantial Evidence Evaluation of Alibi

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Sello Joseph Tshehlo

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally kidnapped the deceased minor child.
  2. 2 Whether the accused raped the deceased in contravention of the Criminal Law (Sexual Offences and Related Matters) Amendment Act.
  3. 3 Whether the accused murdered the deceased.

Ratio Decidendi

The court found that the evidence of the child witnesses was unreliable and fraught with inconsistencies, and that their identification of the accused could not be accepted beyond reasonable doubt. The DNA evidence, while showing the deceased's DNA on the accused's clothing, was explained by both experts as possibly resulting from secondary transfer via the pit toilet, and the absence of the accused's DNA on the deceased's clothing was material. The accused's alibi, though disclosed late, was supported by a witness and not disproved by the State. The circumstantial evidence did not exclude every reasonable inference except guilt, and the accused's version, though containing...

Court Disposition

The accused is acquitted on all charges.

Orders

  • The accused is found not guilty and acquitted on all three counts.