07 Aug 2022

Dipuo Marutwane (37) of Pallaroad has been slapped with life imprisonment for raping a three-year-old toddler on February 12 in 2014.

Justices Mercy Garekwe, Sigh Walia and Godfrey Radijeng of the Court of Apperal (CoA) confirmed Marutwane’s fate on Friday.

The appellant had approached the Court of Appeal seeking change to a life imprisonment sentence imposed on him by Francistown High Court’s Justice Matlhogonolo Phuthego last year.

However, the apex court dismissed the appeal and confirmed the lower court decision of life imprisonment.

“This court therefore dismisses the appeal and confirms the sentence of life imprisonment imposed by the High Court,” said Justice Garekwe when passing the judgment.

She said Marutwane in his submissions before the panel, stated that he was now a born again Christian and blamed the devil for making him rape the victim.

“These submissions say one thing and one thing only, the appellant is not taking responsibility of his actions and blames the devil instead.”

The judge said Marutwane was unable to have control over his actions and was better off in an environment where he would not be tempted to perform such ungodly acts.

She said the persons such as the appellant, who had no regard for human life and the effects of their actions on others deserved to be locked up for a very long time so as to protect the general public, especially the young innocent children.

As such, she said the court was failing to exercise mercy nor was it approaching the appellant’s sentencing with anger.

She said the court was simply recognising that there were different perpetrators of different offences and their punishment would invariably be different.

The judge said where the situation dictates, the court should not be hesitant to mete out, not harshest of punishments, but one that fits the crime.

Justice Garekwe said the appellant had shown to be a serial rapist as at the time when the high court sentenced him, he already had at least two prior rape convictions.

As such, the judge said she was convinced that the ultimate penalty of life imprisonment was the only appropriate punishment for the appellant.

Marutwane was charged and subsequently convicted of raping the then three year old.

 According to the court records, the Marutwane clandestinely separated the three-year-old from her eight year old sister on their way to the playground and the sister reported the matter to the grandmother.

With the help of others, they followed their footprints which led them to the direction of the farm where Marutwane was seen emerging from the shrubs holding the victim and her blood-stained dress in her arms.

Marutwane who was 29 years at the time, dropped the victim and ran but was however apprehended, handed to the police and subsequently convicted of rape. Ends