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Duo jailed for breaking into house to rape

Staff Reporter

The Bultfontein Regional Court has sentenced two men aged 20 and 17 years to life and 25 years imprisonment respectively after they were convicted of housebreaking with an intent to rape.

Magistrate Nompumelelo Gusha sentenced James Tolela, 20, to life imprisonment and Morena Dasheka, 17, to 25 years imprisonment for breaking into a house of a 58-year-old woman and raping her.

National Prosecuting Authority (NPA) regional spokesperson Phaladi Shuping said in a statement the complainant was alone at her home on April 14, 2018 when she saw the two men climbing through the window and forcing their way into the house.

“She knew the two men because they both worked at the farm as seasonal workers,” said Shuping in the statement.

“Tolela and Dasheka forced the complainant to her bedroom and raped her. They raped her several times and strangled her if she tried to scream,” he added.

Shuping said the two men raped the complainant for almost four hours, from around 19:00 until 23:00.

“They only left when they heard someone passing by. They got scared and left through the window,” said the NPA regional spokesperson.

But as fate would have it, Dasheka left a button of his trousers at the crime scene which was recovered by the police.

When the police arrested him, he was wearing a pair of trousers that was missing a button.

Tolela denied breaking into the house and raping the complainant.

He further testified that he was at home with her mother but the mother testified that he only got home after 23:00.

“The court found that the complainant, being a single witness, had testified in a coherent and calm manner.

“Her evidence was found to be reliable and truthful. Dasheka also corroborated the evidence of the complainant even though he denied raping her,” said Shuping.

Arguing in aggravation, state prosecutor Moeketsi Machogo requested the court to impose harsh punishment on the accused because the complainant regarded them as her children because they were working at the farm.

Machogo further stated that the accused failed to convince the court that there were compelling and substantial circumstances for imposition of lesser sentences.

Gusha then sentenced Tolela to life imprisonment and Dasheka to 25 years in jail.

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