The National Prosecuting Authority confirmed on Tuesday that Nicholas Ninow had applied for leave to appeal both his conviction and sentence.

This despite originally entering a guilty plea on charges of rape, defeating the ends of justice and possession of an illegal substance, which was rejected as his version contradicted the State's evidence.

After a week-long trial in September 2019, Ninow was found guilty of raping a seven-year-old girl in the bathroom of a Dros restaurant in Pretoria in September 2018.

When convicting him, Judge Mokhine Mosopa rejected Ninow's version that he was in the bathroom first, doing drugs, when the victim entered and asked to urinate.

He found Ninow had stalked his victim, followed her into the bathroom and then raped her, making his actions premeditated and not impulsive as he had said in his plea explanation.

"The only reasonable inference the court can draw is that the accused saw the victim playing in the play area, saw her going to the bathroom, followed her and then undressed and raped her," said Judge Mosopa.

#NotInMyNameSA denounces appeal plans

Meanwhile, the #NotInMyNameSA movement said Ninow had no grounds to apply for anything concerning his conviction, sentence or both.

"It is disconcerting that his matter is being heard in the first place - it should have been dismissed immediately and quietly."

The movement said it was in the best interests of Ninow and society that his conviction and/or sentencing was not tampered with unless additional charges were brought.

"We are gravely crestfallen that an innocent child, who only seeks to have some semblance of a normal life keeps, being revictimised by the South African justice system."

In October 2019, Ninow was sentenced in the North Gauteng High Court in Pretoria to life in prison for the rape, five years for defeating the ends of justice and an additional five years for the possession of an illegal substance. 

The sentences were expected to run concurrently.

Judge Mosopa also ordered that Ninow's details be added to the sexual offenders' register. 

In handing down sentencing, he found Ninow had made no compelling submissions to deviate from the minimum prescribed sentence for rape. 

Judge Mosopa explained he had blamed his drug usage for his actions, but continued taking drugs while in prison awaiting trial, adding Ninow also failed to show he was truly remorseful.

He said that while Ninow had written a poem for the victim and a letter to the family, they never reached their intended recipients and was only brought up in sentencing proceedings. 

"To me, that is not remorse but that the accused is aware he is facing a hefty imprisonment term." 

In considering Ninow's age as a mitigating factor, Judge Mosopa looked at how the crime was committed. 

"The accused raped a very young defenceless child. The accused, after he was caught, flushed the underwear of the complainant down the toilet.

"The viciousness of the way the offence was committed rules out that the accused was immature."