Botlani and Another v S (CA&239/17)
Botlani and Another v S (CA&239/17) [2018] ZAECGHC 35 (29 March 2018)
The cumulative effect of the evidence, including contradictions and improbabilities in the complainant's account, lack of medical corroboration, and concessions by supporting witnesses, cast doubt on the veracity of the State's case. The evidence did not establish the appellants' guilt beyond reasonable doubt. The trial court erred in relying on the State's evidence in its totality, as material contradictions and the absence of corroborative medical findings undermined the reliability of the complainant's version. The State's concession regarding the weaknesses in its case further supported t…
Source excerpt
- Rape
- Kidnapping
- Criminal Procedure Act
- Competence Of Child Witnesses
- Onus Of Proof
- Role Of Prosecutor