A 29-year-old man of Bothatogo settlement near Sehithwa who was sentenced to 10 years behind bars in 2021 for defiling a 14-year-old girl of the same village has filed an appeal before the Maun High Court.
The accused person was sentenced by Maun Chief Magistrate Thebeetsile Mulalu for a single count of defilement.
Facts presented before court state are that on August 1st 2018, the complainant arrived home at 0600hrs after spending a night away from home, and when her elder sister asked her where she was coming from she lied that she had spent the night at a friend’s house. However, the minor is said to have later confessed to have had spent a night with the accused person.
Prosecutor Kebigetswe Reid on Wednesday briefed Maun High Court Judge Godfrey Nthomiwa that they received record of proceedings therefore pleaded for another date where the accused person will present his submissions.
For his part, the convict pleaded for a nearer date arguing that it has been two years while waiting for the records since he filled for an appeal. He also pleaded to be granted bail pending appeal.
Nthomiwa has since adjourned the matter to the 27th November 2023 where the convict will submit his heads of argument.
During trial, the complainant’s sister testified that after the minor’s confession of spending the night with the accused person they followed her footprints which led them to his house.
The doctor who examined the minor had confirmed that the girl was sexually active but could not confirm or deny that sexual intercourse had occurred on the material date. The complainant however testified that she had been in a love relationship with the accused person.
In his defence, the convict argued that on the night of August 31st, 2018 he spent the night with his girlfriend who he called alongside his mother to testify in the matter. The presiding magistrate however dismissed their testimony saying the accused had cooked up evidence with his witnesses since he has found himself caught having unlawful sexual intercourse with a minor.
