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State v Boila [2013] FJHC 543; HAC048.2011 (17 October 2013)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION
CRIMINAL CASE NO.: HAC 048 of 2011

BETWEEN:

THE STATE
COMPLAINANT

AND:

ANARE BOILA
ACCUSED

Counsel : Ms. Vavadakua for the State
: Mr. J. Savou for the Accused

Summing Up: 16th October 2013
Judgment: 17th October 2013

JUDGMENT

1. Anare Boila you have been charged with the following offence:
   

Statement of Offence

RAPE: Contrary to section 207 (1) and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

ANARE BOILA on the 6th day of November, 2010, at Waiwatu Settlement, Serea, Naitasiri in the Central Division penetrated the vagina of U.L. with his penis, without the consent of the said U.L.

2. In the unanimous opinion of three assessors you have been found NOT GUILTY of the offence. In directing myself on my own summing up, I concur with the Assessors and also find you NOT GUILTY. You are acquitted of the offence accordingly.
   
3. That is the judgment of the Court.
   

Janaka Bandara
Judge

At Suva
Office of the Director of Prosecution for State
Office of the Legal Aid Commission for the Accused