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State v Reddy [2014] FJHC 27; HAC096.2011 (30 January 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No.HAC 96 of 2011

BETWEEN

STATE

AND

PRANEET ANAND REDDY

BEFORE: THE HON. JUSTICE PAUL K. MADIGAN

Counsel: Mr L. Fotofili with Mr.A. Dutt for the State

Mr. A. Reddy with Mr. J. Reddy for the accused

Dates of hearing: 27,28 and 29 January 2014
Date of Judgment : 30 January 2014

JUDGMENT

1. PraneetAnand Reddy, you have been charged with the following offences:

Count 1

Statement of Offence

Rape: Contrary to section 207(1) and 207(2)(a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

PraneetAnandReddy on the 13th day of March, 2011, at Gau Island in the Eastern Division had carnal knowledge of Mere Lawe without her consent.

In the Alternative
Count 2

Statement of Offence

Defilement: Contrary to section 215(1) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

PraneetAnand Reddy on the 13th day of march, 2011, at Gau Island in the Eastern Division had unlawful carnal knowledge of Mere Lawe who at the time was between the age of 13 to 16.

2. In the unanimous opinion on three assessors you have been found not guilty of rape, but guilty of the alternative count of defilement. These opinions are available on the evidence and in directing myself on my own summing up, I agree. I find you not guilty of the rape but guilty of the offence of defilement. You are convicted accordingly.

3. That is the judgment of the Court.

P.K. Madigan
Judge

At Suva
30 January 2014.