SEROWE: Mokwaledi Dipebe, 20, from Paje, was on Thursday convicted of rape. Passing judgment, senior magistrate, Munashe Ndhlovu, said the court was satisfied with state evidence that Dipebe had carnal knowledge of the complainant without her consent.
Magistrate Ndhlovu told the court that he was convinced that the state covered all factors surrounding the charge and added that the evidence from all the witnesses credible and corroborated the known facts.
Ndhlovu rejected claims by Dipebe that he and the complainant were lovers. Even if they were lovers, Ndhlovu said, it was clear to the court that on the date in question, Dipebe had forced himself on the complainant and had sex with her without her consent.
?Should they have been lovers or the (sexual act) consensual, then the complainant could not have invited the world with the unceasing screams,? Ndhlovu stated.
The court heard that on July 22, 2007, Dipebe pounced on the complainant at Paje settlement as she was on her way to her boy-friends place during the night. She was forcibly grabbed by the neck and dragged to a nearby bush where she was pinned to the ground and raped.
Dipebe is said to have pulled the complainant to a place near some agricultural offices and repeatedly raped her.
She was further dragged to a near-by stream where she was further raped, the magistrate said.
All this time, the complainant screamed and incurred injuries. A medical report produced in court as evidence confirmed the presence of abrasions on the neck and on both legs.
The screams alerted one Pheretlhego Omphemetse, who came to the rescue but fled the scene when Dipebe threatened to stab him.
The complainant attempted to run away but failed as she was tripped by a gate.
The incessant screams alerted Bojosi Rapajane who came out to investigate and found Dipebe busy on top of the screaming woman.
Sentence was postponed to March 15 to give police time to check Dipebe?s previous criminal records while Dipebe was remanded in custody until then.