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State v Prasad - Judgment [2013] FJHC 173; HAC117.2011 (9 April 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 117/2011

BETWEEN:

THE STATE

AND:

RAVEN PRASAD

COUNSEL: Ms L Koto for the State
Mr Waqainabete for the Accused

Date of Trial: 03-04/04/2013
Date of Summing-Up: 08/04/2013
Date of Judgment: 09/04/2013

JUDGMENT

1. The assessors have expressed mixed opinions. The first and second assessors expressed their opinion that the accused is guilty of both counts of Rape. The third assessor has expressed her opinion that the accused is not guilty of both counts of Rape.
   
2. I have considered and evaluated the evidence, applying legal principles contained in my summing-up to the assessors.
   
3. The majority opinion of the assessors is completely tenable on the basis of evidence considered in accordance with the legal directions that have been made.
   
4. It is also my decision that accused guilty of both counts of Rape.
   
5. The judgment of this court is that that the accused is guilty of Rape of SSN. You are convicted of each count accordingly.
   

P Kumararatnam
JUDGE

At Suva
09/04/2013