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State v Bale - Judgment [2012] FJHC 1180; HAC120.2010 (27 June 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 120 OF 2010

BETWEEN:

STATE
PROSECUTION

AND:

EPARAMA BALE
ACCUSED PERSON

Counsel: Ms. Koto for the State
Mr. Sharma for the Accused

Date of Summing Up: 27th June 2012
Date of Judgment: 27th June 2012

JUDGMENT

1. The Accused is charged with one count of Rape.
   
2. After trial three assessors have in their unanimous opinion found the accused not guilty.
   
3. I direct myself in accordance with the summing up I gave the assessors today. The only element of the offence in issue was, whether the victim consented to sexual intercourse with the accused.
   
4. I have reviewed the evidence adduced in this trial and I find that the unanimous opinion of the assessors is not perverse.
   
5. I agree with the assessors and find the accused not guilty of the offence.
   
6. I acquit the accused accordingly.
   

Priyantha Fernando
Judge

27th June 2012.