State v Prasad [2011] FJHC 622; HAC101.2011 (20 September 2011)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 101 OF 2011

BETWEEN:

THE STATE

AND:

VINAY PRASAD

Counsel: Ms. J. Cokanasiga for the State
Mr. S. Kumar for the Accused

Date of Summing Up: 19th September 2011
Date of Judgment: 20th September 2011

JUDGMENT

1. The Accused above named was charged with two Counts of Rape punishable under section 207 of the Crimes Decree.

2. The trial commenced on the 15th and concluded on the 19th of September 2011 (3 days).

3. At the end of the trial all three assessors have returned with unanimous verdict of not guilty on both Counts.

4. I have adjourned overnight to consider my judgment. I have directed myself in accordance with my summing up I gave the assessors yesterday. I find the verdict of the assessors was not perverse and it was open to them to reach such conclusions as the evidence. I accept their verdict.

5. Considering the evidence before this Court the Prosecutrix Ranjana Pritika Nand is the wife of the Accused. It appears they had differences before this incident. Even though the Accused claims they didn't have any disputes and they lived happily. The Prosecutrix claims that she was subject to oral and anal sex on the 17/02/2011 in the Police statement but when she gave evidence in this Court she said she was subject to anal sex only. That is a considerable contradiction by the Prosecution.

6. The Prosecutrix was subject to a medical examination and she didn't have injuries in the anal area. According to our laws Rape does not need medical corroboration but it will be helpful. Only evidence for the Prosecution is the Prosecutrix. She appears to have acted with some plan on that day and the following day. Telephone calls made and received by her create a doubt in her credibility.

7. Considering all I am of the view that the Prosecution had not proved the case beyond reasonable doubt. Therefore I find the Accused not guilty on both Counts.

8. Accordingly I acquit the Accused Vinay Prasad on both Counts.

S Thurairaja
Judge
At Suva

Solicitors
Office of the Director of Public Prosecution for State
Sunil Kumar Esq for Accused