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Van der Watt v S (488/09) [2010] ZASCA 22

23rd March 2010

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Summary: Rape - single witness - many indications that complainant's evidence fabricated - accused's version reasonably possibly true.

Order:
On appeal from: North Gauteng High Court (Pretoria) (Legodi and Jooste JJ sitting as court of appeal).

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1. The appeal is upheld.

2. The order of the court a quo is set aside and substituted with the following:

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‘The appeal is upheld. The conviction and sentence are set aside'

 

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