n South African Journal of Criminal Justice - Evidence : case reviews

Volume 21, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In the case of 2008 (1) SACR 84 (C), the accused was convicted in the court a quo on a charge of having raped his 14-year-old stepdaughter. The matter was referred to the High Court for sentencing, and the High Court became concerned at the scarcity of the evidence upon which the appellant had been convicted. Yekiso J communicated his concerns to the magistrate. His concerns were that expert medical evidence did not reveal any evidence consistent with the complainant's allegations; that one piece of potentially incriminating real evidence had been destroyed (a sanitary towel used immediately after the alleged rape); and other important evidence was simply not tendered at the trial (bedspreads on two beds on which the rapes had taken place). The prosecution gave no explanation for the absence of the real evidence.

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