State v Kumar [2010] FJHC 155; HAC176.2008S (5 May 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 176 OF 2008S

STATE

V

RICHARD RONIL KUMAR
s/o RICHARD SURUJ KUMAR

Counsels : Ms. S. Hamza and Mr. K. Waqavonovono for the State Mr. T. Terere for the Accused

Hearing : 19th, 20th, 21st, 22nd, 26th and 28th April, 2010
Summing Up : 5th May, 2010
Judgment : 5th May, 2010

JUDGMENT

1. After a trial lasting six days, the assessors have returned with an unanimous verdict of guilty as charged on counts No. 1, 2, 3, 4 and 5, and a majority verdict of guilty as charged on count No.6. Assessors No.1 and 2 found the accused guilty as charged on count No. 6, while assessor No.3 found him not guilty as charged.

2. I have reviewed the evidence called in the trial, and I have directed myself in accordance with the summing up I gave the assessors today. Obviously, on counts No. 1, 2, 3, 4 and 5, the assessors unanimously accepted the prosecution’s version of events beyond a reasonable doubt. They accepted that the accused raped his sister, Priya Agnes Kumar, on 25th June 2007, and committed incest on her, between 2nd and 27th July 2007. On count No.6, the majority accepted that, the accused committed incest on her sister, Priya Agnes Kumar, on 30th July 2007.

3. I find the verdicts of the assessors were not perverse. It was open to them to reach such conclusion on the evidence. I accept the unanimous verdict of the assessors on counts No. 1, 2, 3, 4 and 5, and the majority verdict on count No.6. I find the accused guilty as charged on all counts, and I convict him accordingly.

Salesi Temo
ACTING JUDGE

AT Suva
5th May 2010