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State v David - Judgment [2013] FJHC 503; HAC243.2011 (3 October 2013)

IN THE HIGH COURT OF FIJI
AT SUVA

CRIMINAL JURISDICTION
CRIMINAL CASE NO.: HAC 243 of 2011

BETWEEN:

THE STATE
COMPLAINANT

AND:

BENJAMIN DAVID
ACCUSED

Counsel : Ms. P. Madanavosa and Ms. M. Khan for the State
: Mr. S. Waqainabete for the Accused

Summing Up : 03rdOctober 2013
Judgment : 03rd October 2013

JUDGMENT

___________________________________________________________________________

1. Benjamin David, you have been charged with the following offences:
   

First Count
Statement of Offence

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

Particulars of Offence

BENJAMIN DAVID between the 24thday of January 2011 to the 29th day of April 2011 at Davuilevu in the Central Division raped A.V. by penetrating the vagina of the A.V. with his finger without her consent.

Second Count
Statement of Offence

RAPE: Contrary to Section 207 (1) and (2) (b) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

BENJAMIN DAVID on the 20th day of July 2011 at Davuilevu in the Central Division raped A.V. by penetrating the vagina of the said A.V. with his finger without her consent.

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

Janaka Bandara
Judge

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