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Ngqwana v S (CA&R77/15) [2016] ZAECGHC 11

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Ngqwana v S (CA&R77/15) [2016] ZAECGHC 11

14th March 2016

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The appellant stood charged before the Regional Magistrate’s Court, Motherwell, facing a charge of rape.   The charge had been founded on the allegation that on or about 16 February 2013 and at or near Motherwell, Eastern Cape Regional Division, the appellant had unlawfully and intentionally committed an act of sexual penetration with L. D. (the complainant).  Whilst admitting that he had had sexual intercourse with the complainant at the place and on the date mentioned in the charge sheet, the accused claimed that such intercourse had been consensual. At the conclusion of the trial, the appellant was found guilty as charged and thereupon sentenced to undergo 10 years imprisonment.

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