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State v Narayan - Judgment [2011] FJHC 349; HAC187.2010 (3 June 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 187 OF 2010

BETWEEN:

THE STATE

AND:

RAKESH NARAYAN

Counsels: Mr. P. Katia & Ms. T. Leweni for State
Accused In Person

Date of Summing Up: 3rd June 2011
Date of Judgment: 3rd June 2011

JUDGMENT

1. The Accused Rakesh Narayan was charged under section 207 (1) & (2) of the Crimes Decree for committing the offence of Rape.

2. Trial commenced on 31st May 2011 and concluded on 3rd June 2011.

3. After the conclusion of the summing up the assessors have returned with an unanimous verdict of not guilty against the Accused.

4. I have reviewed the evidence called in the trial and I have directed myself in accordance with the summing up I gave the assessors today. I find that the verdict of the assessors was not perverse. It was open to them to reach a conclusion on the evidence. I accept their verdict.

5. Considering the nature of the evidence, especially the virtual complainant Anjani Radhika Prasad. She had made two statements to the police and stated two contradictory versions. She admitted the same in the Court also. It appears that she had made the entire story of the Prosecution unbelievable, if not she had created a serious doubt in the case for the Prosecution.

6. Considering the nature of the evidence for the Prosecution this Court is not convinced that the Prosecution had proved the case beyond reasonable doubt.

7. Considering all I find the Accused not guilty as charged, therefore I acquit the Accused Rakesh Narayan accordingly.

Thurairaja
Judge

At Suva

Solicitors
Office of the Director of Public Prosecution for State
Accused in Person