State v Ram [2010] FJHC 453; HAC124.2008S (5 October 2010)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 124 OF 2008S

STATE

V

1. ANESH RAM
2. KESHWA NAND
3. VIKASH CHAND
4. SAT DEWAN NAIR
5. ILAITIA WAQA [ACQUITTED]
6. BINESH KUMAR
7. ANIL SINGH

Counsels : Ms. N. Wickramasekera for the State;
Ms. S. Vaniqi for Accuseds No. 1 and 2;
Ms. K. Vukikomoala for Accused No. 3;
Ms. M. Savou for Accuseds No. 4 and 5;
Ms. J. Shah for Accused No. 6;
Mr. R. Chaudhary for Accused No. 7

Hearings : 6th to 24th September 2010
Summing Up : 29th September 2010
Judgment : 5th October 2010

JUDGMENT

1. On 29th September 2010, after summing up to the three assessors, the court directed them to deliberate on the case. After approximately an hour, the three assessors returned with their opinions. On the first count of "murder", contrary to section 199 and 200 of the Penal Code, Chapter 17, the assessors unanimously found Anesh Ram (accused No. 1) guilty as charged. On the second count of "rape", contrary to section 149 and 150 of the Penal Code, the assessors unanimously found all accuseds 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 on 29th September 2010. I find that their verdict was not perverse. It was open to them, to reach such conclusion, on the evidence.

3. On the murder charge, the assessors obviously accepted the prosecution's version of events. They accepted that, Anesh Ram, on 8th June 2008, late in the evening, throttled and/or strangled Zoya Bibi to death, near the Omkar creek, at Nasinu in the Central Division. They accepted that at the time, Anesh had the intent to kill and/or cause serious harm to Zoya Bibi and/or knew that throttling would cause Zoya's death or serious injury, but nevertheless went ahead with it.

4. On the rape charge, the assessors did not accept the prosecution's version of events. It was possible that the quality of Ema Tauyavu's identification evidence was not of a high quality, as to persuade them beyond reasonable doubt, on count No. 2. In any event, I accept the assessors' unanimous opinion on the murder and rape charges.

5. Accordingly, I find Anesh Ram (accused No. 1) guilty of murdering Zoya Zabreen Bibi, on 8th June 2008, at Nasinu in the Central Division, and I convict him as charged on count No. 1.

6. On the rape charge (count No. 2), I find all accuseds (ie. accused No. 1, 2, 3, 4, 6 and 7) not guilty as charged, and I acquit them accordingly.

Salesi Temo
ACTING JUDGE

AT Suva
5th October 2010