Court Acquits Ketshogile

| June 17, 2015

Palapye Magistrate Court has discharged and acquitted Kabo Ketshogile of defilement of a person under the age of 16 years.

In her ruling, chief magistrate Ms Rebecca Setlhogile-Motsamai stated that there were fundamental and irreconcilable contradictions in the evidence of the complainant.

“It has been held in numerous cases by our courts that a court may uphold a submission of no case to answer at the close of the prosecution case where the evidence adduced in support of the prosecution has been discredited as a result of cross-examination or is so contradictory or so manifestly unreliable that no reasonable tribunal might safely convict on it,” she said.

Ms Setlhogile-Motsamai further said it has been shown that the complainant would say she spent the night with the accused when in fact it was not the case. In her view, Ms Setlhogile-Motsamai said the contradictions rendered the evidence of the complainant manifestly unreliable.

“I have grave doubts that given these contradictions it can be safely be said that a reasonable tribunal might convict,” she said.

Ms Setlhogile-Motsamai found the accused not guilty hence she acquitted and discharged him.

According to the particulars of the offence, the accused person on or about October 4, 2011 at or near Palapye village in the Central Administrative District unlawfully had carnal knowledge of the complainant, a person under the age of 16 years.

In terms of Section 147 (1) under which the accused was charged, any person who unlawfully and carnally knows any person under the age of 16 years is guilty of an offence.

Source : BOPA

Source : Botswana Daily News

Category: General

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