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State v Prasad [2006] FJMC 14; Criminal Case No 49 of 2006 (25 July 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Criminal Case No. 49 of 2006

STATE

V

LAWARENCE ANIL PRASAD

Prosecution: Sgt. Wilson
Accused: Mr. T Sharma

JUDGMENT

The accused has been charged with Robbery with Violence contrary to S293 (1) (b) of the Penal Code.

Particulars are on 10th September 2005 he robbed Maleya Sadal of a chain $2500, two long chains $600, two bracelets $2500, sim-card $80 to total value of $3680 and immediately before the robbery used personal violence on the said Maleya Sadal.

The prosecution evidence is on 10th September 2005 Maleya Sadal was home. He received a phone call around 9.45 pm from a friend’s friend asking him to attend a drinking session.

He went to the house of the caller, who was the wife of the accused. There were two girls who invited him inside. He was in the bedroom when four men came inside the bedroom. The accused carried a kitchen knife and others were armed also. Complainant knows the armed and recognized him. They demanded money and threatened to kill the complainant. The complainant was kept inside for about 4 hours and asked to ring his home to get his card and withdraw cash $700.

He rang his daughter and asked her to go to his home and get money. She used the same taxi driver and managed to find the house where the complainant was. He found a chance and ran out of the door when his daughter came to the gate.

The second prosecution witness was the complainant’s daughter. She was called by the complainant around 12.40 am. She found it a strange call. He asked for $800 using the term ‘to bail him out.’ He didn’t give exact location but said it was near Raiwaqa Station. He was panicking and said he needed money to give some one.

She went to his house and found car parked in the garage. She called the taxi base of the taxi normally used by them.

She managed to get the driver who had taken her father to the house earlier that night. She rattled the gate and a driver blew his horn. A girl came out whom she asked about her father. The girl disappeared into the house. This witness noticed movements inside the house as she started to yell from outside. After a few minutes her father ran out of the house. She noticed accused, a Fijian man and a girl who came out of the house. Accused opened the gate which was locked. Complainant was given back his mobile without the sim-card. She noticed his jewellery missing. She also noticed that her father was shaken and upset. She noticed injury on his shoulder and arm.

She asked for jewellery back and they said he was lucky to get back the mobile.

The accused and his wife gave sworn evidence in defence. Accused said he was with friends drinking at a night club. He was called by his wife (DW2) who informed him the complainant was coming home alone that night for sex. He gathered his friends and left for home.

He said he went into his bedroom and saw a man standing in his under garments. He punched and slapped him and asked him to leave. According to the accused he was with his tenant and was forcing her to have sex. Accused called his wife and told her. Two guys had come with him from the club. He denied being armed. Also denied robbing the accused. He said two girls were home when he arrived. He agreed the fence was 5 feet high and gate locked. He didn’t report the matter to the police. He said the complainant was drunk also and had a mobile which no one had taken away from him.

He didn’t know the complainant prior before the night of the incident.

Rajeshni, the wife of accused gave evidence. She said, she was at her mother’s house. She received a call from the complainant saying he was coming. She told him she was not home. She then told her husband. She used to drink before but had left drinking. She knew Maleya and was his friend. She only knows Rabecca who lived with them as a boarder but not the other girl who was there. She said she did not call Maleya the complainant that night. This case has the most peculiar facts. However, I find that Maleya the complainant was known to the wife of accused. He was called to their house at night. The accused with his friends allowed him to settle inside the bedroom before barging in armed. They had knives. His chains, bracelet and sim-card was robbed. He was threatened and asked for bank card and money which he rang his daughter (PW2) to bring at early hours of the morning. The accused was drunk but he admits punching the complainant. Accused also held the kitchen knife to complainant’s throat.

The complainant was kept detained by accused and his friends for about four hours during which time his daughter came to the gate and yelled. Finding opportunity, the complainant ran out to the gate.

I find the version of facts told by the accused and his wife incredible. The accused also kept repeating he was drunk so is not to recall anything. He was evading questions in court and was very selective to answer only the questions in his favour. He appeared to have been strict to a planned version in court.

His wife was a longtime friend of Maleya. I find that she phoned him for drinks that night. I also accept the evidence of the Prosecution witness that complainant was robbed inside the house after being threatened.

He was also detained and asked to phone his daughter to get his money to the house. The complainant’s version is confirmed by the 2nd prosecution witness, his daughter. His physical condition and the missing jewellery after the event is also confirmed by his daughter’s evidence which I accept as the truth. I am satisfied that this attack and robbery was planned and executed by the accused and friends on complainant.

I find the prosecution has proved it’s case beyond reasonable doubt.

The accused is found guilty as charged.

Dated this 25th day of July 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE