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State v RPR [2012] FJHC 1435; HAC75.2011 (7 November 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 75 OF 2011

BETWEEN:

STATE

AND:

RPR

Counsel : Mr. T. Qalinauci for the State
Accused – In Person

Date of Judgment : 07th November 2012

JUDGMENT

1. Name and identity of the virtual Complainant is suppressed on the request of the State Counsel.
   
2. The Accused above named is charged with one count of Rape punishable under Section 207(1) (2) (b) of the Crimes Decree.
   
3. Trial commenced on the 29th October 2012 and concluded on the 6th November 2012. While the trial was proceeding the Accused on the 30th afternoon claimed that he was not feeling well. He was immediately referred to the Lautoka Hospital for necessary treatment. On the following day i.e. 31/10/2012 the hospital authorities, when contacted informed the Court that they need to do further investigations, hence further trial was postponed to 5th November 2012. In the meantime the Court was informed that the Accused was healthy and fit to continue with the trial. Further trial continued from 5th and concluded on the 6th instant.
   
4. At the conclusion of the trial all 3 Assessors unanimously found the Accused guilty.
   
5. I have reviewed the evidence called in the trial and I have directed myself with my summing up I gave the assessors yesterday. I find that the verdict of the assessors was not perverse. It was open to them to reach such a conclusion on the evidence. I conquer their verdict.
   
6. Considering the evidence before the Court the Prosecution witnesses submitted that the Accused penetrated the vagina of the Complainant with his finger. The Accused admitted to the extent that he massaged the vagina of the Complainant, who was 7 years old.
   
7. I am convinced after considering all evidence before the Court that the Prosecution had proved the case beyond reasonable doubt hence I find the Accused guilty to the charge of Rape and convict him under Section 207(1) of the Crimes Decree.
   

S. Thurairaja
Judge

At Lautoka
7th November 2012

Solicitors: The Office of the Director of Public Prosecution for State
Accused appeared in Person.