Lobatse High Court Judge Michael Mothobi has added three years to a two-year jail sentence for attempted rape passed against Kenosi Grant Kokeletso, a former police officer stationed at Kang Police Station.
Passing the sentence, Mothobi said that the appeal against two years jail sentence by Kokeletso should be dismissed and that on further reflection he is of the view that the suspension of three years of the sentence by a Magistrate Court was erroneous.
The Judge said the magistrate should have imposed the punishment of five years as per the penal code.
On the defense given by the defense lawyer that there were contradictions in the state witnesses evidence, Justice Mothobi said that this defense is baseless as the complainant had stated well that she knew the appellant as a police officer stationed at Kang Police Station and that he had before the attack told her that he wanted to have sexual intercourse and made proposition of love which she had declined on numerous occasions on the night he had attempted to rape her.
The High Court judge further said that there was evidence that the appellant had on that night continuously harassed the complainant with his maneuvers of wanting to have sexual intercourse with her and had grabbed her breasts which resulted in bruises on her breasts as was indicated by a medical report which was tendered as evidence in Court.
The harassment, the judge said, even continued at the complainant’s home where she had reported the matter to her grandmother what the appellant was saying to her.
He said that the appellant’s harassment did not stop and that in the end he had tripped the complainant who fell on her back and that the appellant then climbed on top of her, pressed, her to the ground and tried to unzip her and also unzipped his trousers and was only saved by her grandmother who hit the appellant with a stick causing him to flee.
On those grounds, Justice Mothobi said that he found that the alleged contradictions on state witnesses were baseless.
Mpho Mmolainyana represented the state.