A judge said that conflicting evidence in a rape case had weakened the prosecution's case.
Judge Khami Makhafola was listening to evidence in the Mmabatho high court, in North West, against Sello Mosikwa, of Lekoko Village, outside Mafikeng, who is facing four charges of rape.
Mosikwa, 33, allegedly ambushed a 24-year-old woman in June 2005, raped her, tied her to a tree and left her there all night.
The woman said he returned the next morning, untied her and raped her again.
Makhafola said that court evidence showed there were four rapes, but the charge sheet listed only three.
"There is material discrepancy in this case.
"Under cross examination the victim said she was raped four times, but she told the police that she was penetrated three times," said Makhafola.