Convicted rapist freed
After serving two years in jail, a man convicted and sentenced to 13 years imprisonment for rape was released after the Pretoria High court found the victim had lied about the rape.
Abram Sesane Modise was sentenced in the Ventersdorp Magistrate's Court in September 2010 after being found guilty of raping a 38-year-old woman on a farm in Palmietfontein.
The woman had claimed that she was sleeping when she felt someone touching her.
She claimed that Modise had pulled her pants down, hit her when she pushed him away and then raped her.
She said she had screamed but there was no one in the house. She said Modise fled the scene after he had raped her.
She said people who came to the house later called the police, who did not come and she only saw a doctor the following day.
Judge Winston Msimeki said according to the doctor's report the woman was not injured, contrary to her claims.
Among other contradictions, he found that her witnesses had testified that she had drunk alcohol while she claimed she was sober.
Msimeki said while contradictions do not lead to the rejection of a witness's evidence, courts have regard to the nature of the contradictions, their regularity and importance and finally their bearing on other parts of the witness's statement.
"The appellant (Modise) was only placed in the complainant's room by her evidence. The complainant, in my view, cannot be trusted. There are many inferences that can be drawn in this matter, the complainant might not have been raped. Someone else might have been the culprit," the judge, said adding that no-one knew what happened.