Extension 2 Magistrate Court has on Friday discharged a rape and robbery accused following contradicting evidence. According to the ruling on the matter, it was reported that the accused person Prince Motuwa has in 2018 in Mokatse Village allegedly raped and robbed complainant Nandie Motlhaping P1 900. Motuwa who had pleaded guilty, admitted that he only took P1200 from the complainant. However it was reported to the Security that she was robbed P1900, 6 witnesses were since brought before court which have since given contradicting evidence, the court ruled.
The court discharged the convict noting that there must be evidence to show that sexual intercourse had taken place, and that it was between the duo, further it must be proven that it was without consent. Also court ruled that violence which is purported to have been used should be proven.
Complainant during her cross examination told cpurt that on the day of the ordeal she she was sleeping, and on the early hours of the day, she heard something on her window but could not see what it was. She said that a few minutes after, she saw someone crawling on the passage, and she has since tried to ring the alarm which didn’t because of the disalarm.
The complainant says that she showed the victim the money bag, and the accused became angry. The accused was holding an okapi knife, she proceeded to the table and drawers where she took out money. The complainant was at that stage able to see the accused’s face when the jersey he was holding, he raped her without a condom.
The court ruled that the evidence and statements brought before court were contradictory as the Security officers who helped her, told that they only heard of rape from the boss. Also, that the complainant drove herself to the nearest police station
Further, some of the security officers who were handling the case say that they followed the accused by tracking his shoes which ended at the tuckshop while others said that they led to his home.