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State v Visesia [2016] FJMC 48; Criminal Case 01.2011 (21 April 2016)

IN THE MAGISTRATES' COURT OF FIJI
AT TAVEUNI

Criminal Case : - 01/2011

STATE

V

ATUNAISA VISESIA

For the Prosecution : Ms.Amelia Vavadakua (ODPP)
For the Accused : Mr.Tuicolo(LAC)
Date of Ruling : 21st of April 2016

RULING ON NO CASE TO ANSWER

1. The accused was charged with one count of Rape contrary to sections 149 and 150 of the Penal Code, Cap 17.
   
2. During the hearing the complainant said on 31st December 2009 she went to the room of the accused and had sex with him. She further said she gave the consent and later her parents were not happy because she was 17 years old at that time. In cross-examination also she maintained that they had consensual sex on that day.
   
3. Quite correctly the State did not call any other witnesses, closed the case and informed that there was no case against the accused. Since the defence has not been called I consider the evidence pursuant to section 178 of the Criminal Procedure Decree which states if a case is not made out against the accused to call for his defence the court has to dismiss the charge and acquit him. In this case the complainant throughout her evidence said she had consensual sex and therefore one of the main elements of the Rape (consent) is not satisfied. Accordingly I acquit the accused from this charge.
   
4. 28 days to appeal.
   

Shageeth Somaratne
Resident Magistrate