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State v Veiqaravi [2007] FJMC 10; Criminal Case No 2079 of 2006 (8 May 2007)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 2079of 2006

STATE

V

LEMEKI VEIQARAVI

Prosecution: Inspector Gosai
Accused: In Person.
Before: RM: Mr Ajmal G.Khan

Date of hearing: 3.5.07
Date of judgment: 8.5.07

JUDGMENT

The accused has been charged for larceny from a dwelling house contrary to Section 270(a) of the Penal Code.

Particulars are on 25th September accused stole a gas cylinder valued at $37.50 from the house of Roshni Lata.

The prosecution evidence is the accused with a group of youths went to buy food at house of the complainant While she was busy serving the others, accused picked up a filled gas cylinder and fled. She gave a chase after him. She called for help and reported to the Police post nearest to her home. Later the accused was arrested by constable near the shop where the youths had run. The cylinder was recovered by police found by the residence where the accused lived.

It was returned to police by the landlord of the accused.

The accused denied taking the cylinder. He admitted going to the house of complainant buy food about twice weekly .He said he knew her well and met her daily.

I have considered whole of the evidence .The complainant has known Lemeki well. She saw her often coming to buy food at her home. The accused also confirmed she knows him well as did he .There was no reason to lie.

Furthermore the same cylinder was recovered outside residence of Lemeki and surrendered to police by his landlord.

I accept the evidence of the complainant as credible .The prosecution has proved its case beyond reasonable doubt.

The accused is found guilty as charged.

Dated this 8th day of May 2007.

Ajmal Gulab Khan
RESIDENT MAGISTRATE