A packed Molepolole Magistrates’ Court gallery last Thursday reacted with gasps of disbelief as a Gender Based Violence judgment detailed the harrowing account of how a 47-year-old man raped a young woman in full view of her crying baby.
The gruesome incident occurred on January 6th, 2021, at Moreri’s farm near Machaneng village in the Central District.
The 32-year-old victim was on her way to visit her boyfriend at Marakalalo farm when the accused, Mokganedi Tshinogang attacked her.
Tshinogang, who had been loading river sand with four boys is said to have left them and pursued the victim.
The court heard that the woman disembarked from a bus at a stop opposite Machaneng state prison carrying her 18-months-old baby on her back.
Before she reached the gate, she noticed four boys and a man wearing dark blue trousers with side pockets, whom she later identified in court as her aggressor, Tshinogang.
The woman put her bags down to give the baby some water. When she proceeded with her journey Tshinogang increased his pace towards her.
“When she got to the crossroads, she heard a voice and when she looked around, she saw a naked man his face covered by a boxer short and a scarf with his erect penis. She screamed as she was scared, the naked man chased her around a tree,” recounted Principal Magistrate Solomon Setshedi when handing down her judgement.
The victim testified that the accused ordered her to stop, and she complied. He then told her he had seen her before with her boyfriend.
“She offered the accused some money, but he refused to take the money saying he wanted to have sex with her. Accused ordered her to undress and threatened to kill her if she shouted. He pulled her trousers down, the baby started crying and the accused ordered her to bend, and she complied, and he inserted his erect penis into her vagina without her consent and not using a condom,” said the magistrate further revealing that the child was crying and holding her mother with her trousers when the accused had sex with her multiple times.
After her ordeal the victim sought help from the neighbouring lands but was unsuccessful.
She proceeded to Machaneng village, about a kilometre from the scene of crime where she recounted her ordeal to locals who then reported the incident to the police.
She led the police to crime scene, and they took her to Sefhare Primary Hospital for medical examination.
The male DNA profile obtained from the genital swabs and the maroon panty relating to the victim was consistent with the male DNA profile of that from Tshinogang.
It was revealed that during trial Tshinogang opted to give sworn evidence and did not call any witness.
He claimed that on that particular day he went with the boys to collect three loads of sand and knocked off.
When the boys went to offload the sand, he said he went to look for another sand-mining spot before following them on foot.
Though he denied having raped the victim, Tshinogang admitted having seen her carrying the baby near the crime scene.
In conclusion of his judgement, Principal Magistrate Setshedi said the accused failed to explain his DNA presence in the victim’s panty and vaginal swabs.
“The victim gave evidence in a consistent manner and was not shaken by the cross examination. The accused’s evidence was outweighed by the facts of the case. I found that there was no consent, the accused denied rape, but the DNA results proved the offence which shows the accused is a perpetrator,” said the magistrate before he revoked Tshinogang’s bail and ordered that he be fingerprinted and taken for HIV testing.
Meanwhile, Tshinogang who seemed to be taking the matter lightly told the court that he did not have any problem with any decision made by the court, and he cited some bible verses to defend his innocence.
“I don’t have any problem about the decision they made about me, they should remember Luke 21 verse 10 and Psalm 35, I don’t have any problem,” quoted Tshinogang.
The prosecution will avail any of Tshinogang’s previous convictions, on August 7th, 2024, the date scheduled for mitigation and sentencing.
