Geallal Raghubar v The State

The appellant was charged in the Verulam Regional Court with indecent assault allegedly committed between 2000 and 2004 against a minor child (P), who was six years old at the time of the alleged offences and 14 years old at trial. It was alleged that the appellant repeatedly inserted his penis into the complainant’s anus. The complainant testified via an intermediary using closed-circuit television. The appellant was convicted and sentenced to ten years’ imprisonment. His appeal to the KwaZulu-Natal High Court was dismissed, and he then appealed to the Supreme Court of Appeal.

The appeal was upheld. The conviction and sentence were set aside.

The case reaffirms the peremptory nature of sections 162–164 of the Criminal Procedure Act and underscores the duty of trial courts to properly determine the competence of child witnesses. It highlights the importance of a careful, child-appropriate enquiry into a witness’s understanding of the duty to speak the truth, the proper application of the cautionary rule in sexual offence cases involving child witnesses, and the need to avoid misdirections that undermine an accused’s right to a fair trial.