State v Solanki [2000] FJHC 155; HAC5.1999 (10 May 2000)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. 5 OF 1999

STATE

V

JAI KUMAR SOLANKI
s/o Parshotam

FIDA HUSSEIN
s/o Amir Hussein

Mr. J. Rabuku for the State
Mr. M. Raza for the First Accused
Mr. V. P. Ram with Ms. A.W. Prasad for the second accused

JUDGMENT

ARSON:Contrary to section 317(a) of the Penal Code, Cap.17

The two accused Jai Kumar Solanki and Fida Hussein are charged with the offence of arson contrary to section 317 of the Penal Code.

The Particulars of the offence are that:

Jai Kumar Solanki s/o Parshotam and Fida Hussein s/o Amir Hussein between 1st day of January 1998 and 2nd day of January 1998 at Labasa in the Northen Division wilfully and unlawfully set fire to the building of Paul Jaduram s/o Jaduram thereby occasioning damages to the said building comprising 7 shops.

I have directed myself in accordance with my summing up to the gentlemen assessors and have borne in mind the nature and quality of the prosecution’s evidence adduced from the various witnesses in Court. The evidence was based chiefly on the admission of the Accused to the police. I have also taken into account the sworn evidence of the two accused and their witnesses.

The three gentlemen assessors have after their deliberations returned an unanimous opinion of guilty of arson.

I am satisfied beyond reasonable doubt that the prosecution has established that the two accused set fire.

I accept the unanimous opinion of the Gentlemen Assessors and I find the accused Jai Kumar Solanki s/o Parshotam and Fida Hussein s/o Amir Hussein guilty of arson as charged and I convict them accordingly.

D. Pathik
Judge

At Labasa
10 May 2000