Home | Databases | WorldLII | Search | Feedback High Court of Fiji

State v Kumar - Judgment [2011] FJHC 245; HAC043.2010L (5 May 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 043 OF 2010L

STATE

vs

MAHENDRA KUMAR

Counsels : Mr. T. Ravuniwa for the State
Accused in Person

Hearings : 2nd to 5th May, 2011
Summing Up : 5th May, 2011
Judgment: 5th May, 2011

JUDGMENT

1. Following a trial lasting 4 days, the three assessors have retuned with an unanimous verdict of guilty as charged for the accused. The three assessors have found the accused guilty of raping the complainant, between 1st September and 31st October, 2010, at Labasa in the Northern Division, contrary to sections 207(1) and 207(2)(a) of the Crimes Decree 2009.

2. I have reviewed the evidence called in this trial, and I have directed myself in accordance with the summing up I gave the assessors today. The decisions of the assessors were not perverse. It was open to them to reach such conclusion, on the evidence. Obviously, the three assessors accepted the prosecution's version of events. In other words, they accepted the complainant's evidence, and were satisfied beyond reasonable doubt and were sure of the accused's guilt.

3. I accept the three assessors' unanimous verdict of the accused being guilty as charged, and I find the accused guilty as charged. I convict him accordingly.

4. The three assessors are thanked for being judges of fact in this case, and are accordingly released.

Salesi Temo
Acting Judge

Solicitors for the State : Office of Director of Public Prosecutions, Labasa
Solicitors for the Accused : Accused in Person