[2] The accused pleaded not guilty to both counts and he did not disclose the basis of his defence. [3] The evidence may be summarised as follows: Ms Ester Feris, the victim's class teacher, testified that on 1 April 2011 she was approached by the accused who informed her that his child (the victim) was not feeling well and he wanted to take her away from school in order to take her to the doctor. The witness informed the accused to go and inform the principal. He went and the child remained in class and he came back and said he had gone to the principal. He then took the child. The witness later went to the principal and asked him whether he was approached by the man who wanted to take the child away and the principal informed her that no one came to seek permission for a child. [4] It was put to the witness that the accused found the victim in the street and brought her to school and enquired whether the child had reported for classes. The witness disputed the accused’s version. It was again the accused’s instruction that the witness gave him permission to take the child and she never told him to go to the principal. [5] The evidence of Ms Anna Garises, an aunt to the victim, is that she was informed of this incident by the victim’s mother. Upon receiving the report, she went to the victim’s place and found the victim in a state of shock and crying. She smelt the victim’s underpants and it was smelling foul. She also observed blood spots on the underpants. The odour on the underpants smelt like someone who was having sex. She enquired from the child what happened and the child informed her that the accused took her from school and brought her home. He took off her underpants and took his penis. He inserted it into her vagina and turned her and inserted his penis in her annum. She further said, she was afraid to talk because the accused might beat her up or do something to her. At the time the witness was talking to the victim her mother was not at home. [6] Gerson Blaauw Kharuxab gave evidence that he is a step father to the victim and they shared a house with the accused and the victim. On 1 April 2011 in the
[2] The accused pleaded not guilty to both counts and he did not disclose the basis of his defence. [3] The evidence may be summarised as follows: Ms Ester Feris, the victim's class teacher, testified that on 1 April 2011 she was approached by the accused who informed her that his child (the victim) was not feeling well and he wanted to take her away from school in order to take her to the doctor. The witness informed the accused to go and inform the principal. He went and the child remained in class and he came back and said he had gone to the principal. He then took the child. The witness later went to the principal and asked him whether he was approached by the man who wanted to take the child away and the principal informed her that no one came to seek permission for a child. [4] It was put to the witness that the accused found the victim in the street and brought her to school and enquired whether the child had reported for classes. The witness disputed the accused’s version. It was again the accused’s instruction that the witness gave him permission to take the child and she never told him to go to the principal. [5] The evidence of Ms Anna Garises, an aunt to the victim, is that she was informed of this incident by the victim’s mother. Upon receiving the report, she went to the victim’s place and found the victim in a state of shock and crying. She smelt the victim’s underpants and it was smelling foul. She also observed blood spots on the underpants. The odour on the underpants smelt like someone who was having sex. She enquired from the child what happened and the child informed her that the accused took her from school and brought her home. He took off her underpants and took his penis. He inserted it into her vagina and turned her and inserted his penis in her annum. She further said, she was afraid to talk because the accused might beat her up or do something to her. At the time the witness was talking to the victim her mother was not at home. [6] Gerson Blaauw Kharuxab gave evidence that he is a step father to the victim and they shared a house with the accused and the victim. On 1 April 2011 in the
S%20v%20Gariseb%20(CC%2002-2013)%20[2015]%20NAHCMD%20114%20(19%20May%202015).docx