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1995
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[1995] ZASCA 135
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S v Pillay (129/95) [1995] ZASCA 135 (22 November 1995)
Case number 129/95
IN THE SUPREME COURT OF SOUTH
AFRICA
(APPELLATE DIVISION)
In the matter between:
PRAGASEN
PILLAY Appellant
and
THE STATE Respondent
CORAM : HEFER, STEYN JJA
et
VAN COLLER AJA DATE OF HEARING : 20 NOVEMBER 1995 REASONS HANDED IN : 22
NOVEMBER 1995
JUDGMENT
VAN COLLER AJA/.
2
VAN COLLER AJA :
The appellant was convicted of rape in the Natal regional
court, sitting at Durban. He was sentenced to eight years' imprisonment.
His
appeal to the Natal Provincial Division was successful to the extent that the
conviction was altered to one of attempted rape
and the sentence reduced to four
years' imprisonment. Leave was granted to the appellant to appeal to this Court
against the conviction.
I do not propose to set out the evidence which was adduced before the trial
court. It has been dealt with by the regional magistrate
in his judgment, and
also by the court a quo.
I have considered the evidence, the judgment of the
trial court, that of the court a quo and the arguments on behalf of the
appellant
and the respondent. I agree with the conclusion to which the court a
quo came namely that the appellant was guilty of attempted rape.
There is in
my
3
judgment no ground upon which this Court could interfere with the judgment of
the court a quo, and the appeal can therefore not succeed.
I would dismiss the appeal.
A.P. VAN COLLER ACTING JUDGE OF
APPEAL
HEFER JA ] CONCUR
STEYN JA ]
HEFER JA : The appeal is dismissed. /al