State v Kumar [2012] FJHC 888; HAC191.2010 (13 February 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Crim. Case No: HAC 191 of 2010

STATE

v.

CLAUDIUS PRANIL KUMAR

Date of Summing Up: 10th February 2012
Date of Judgment: 13th February 2010

Counsel: Ms. J. Cokanasiga for the State
Ms. Savou for Accused

JUDGMENT

1. The assessors have expressed their unanimous opinion that the accused is guilty of the offence of Rape as charged.
   
2. I direct myself in accordance with the law and the evidence in my summing up.
   
3. The evidence of the victim was that whilst her mother was away the accused raped her.
   
4. Accused testified and admitted that he was there, but denied raping the victim. Further the accused said that he had an argument with the victim's mother over food. Defence suggested that complaint of Rape was made against the accused because of the argument the victim's mother had with the accused.
   
5. The element of consent need not be proved by the prosecution as the victim is below 13 years of age at the time of the incident, in terms of section 207 (3) of the Crimes Decree 2009.
   
6. I find that the evidence of the victim Sweta Shalvishni Raj was truthful. I also disbelieve the accused that he did not rape the victim and also that this complaint was made because of an argument the victim's mother had with accused.
   
7. I find, when considering the evidence including the medical report, that the assessors are entitle to express the opinion that the accused is guilty of the offence as charged.
   
8. Therefore I agree with the unanimous opinion of the assessors that the accused is guilty of the offence of Rape as charged.
   
9. I find the accused guilty of Rape as charged and convict him of the same.
   

Priyantha Fernando
JUDGE

At Suva
Monday 13th February 2012