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State v Gounder - Judgment [2011] FJHC 450; HAC094.2010 (18 August 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 094 OF 2010

STATE

vs

GANESH GOUNDER

Mr. S. Qica for the State
Mr. H.A. Shah (L.A.C) for Accused

Date of Hearing : 17 August 2011
Date of Judgment: 18 August 2011

JUDGMENT

[1] Ganesh Gounder, you are charged with the following offence:

Statement of Offence

RAPE: Contrary to section 207(1), (2) (a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

GANESH GOUNDER s/o Kamlesh Gounder on the 9th day of August, 2010 at Lautoka in the Western Division, had carnal knowledge of EMA BATILUVA without her consent.

[2] After trial, you have been found guilty of the offence in the unanimous opinion of three assessors.

[3] In directing myself on my own Summing Up, I must agree with their opinions.

[3] The entire case is one based on assessment and evaluation of the evidence of the victim in this case and the assessors finding that she was truthful is not one with which I should interfere. Accordingly I find you guilty of the offence of rape and I convict you accordingly.

Paul K. Madigan
JUDGE

At Lautoka
18 August 2011