The appellant was charged, at the High Court, for kidnapping a 4-year-old child who was later murdered. The judge struck out the kidnapping charge but convicted the appellant on the murder charge.

The appellant avers that the prosecution was unable to proof the case beyond reasonable doubt as there was no proper evidence that he had kidnapped the child with the intention to murder. Furthermore, due to the absence of the child, a charge of murder cannot be made as there remains a possibility that the child is still alive.

It was thus ordered that the murder charge and consequent death sentence of the appellant be set aside and that he be acquitted on the charge of murder. The appellant is convicted on a charge of kidnapping and sentenced to six years of imprisonment.

In the Court of Appeal for the Republic of Botswana at Gaborone: Court of Appeal Criminal Appeal No. CLCGB-090-12: High Court Criminal Trial No. CTHFT-000066-09: In the matter between Abote Batsietsi Monnana, Appellant and The State, Respondent