State v Vibote [2012] FJHC 891; HAC81.2011 (16 February 2012)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

HIGH COURT CRIMINAL CASE NO.:
HAC 81 OF 2011

BETWEEN:

STATE
Prosecution

AND:

LAISENIA KATO VIBOTE
The Accused

Dates of Trial : 13 – 15 February 2012
Date of summing-up : 16 February 2012
Date of Judgment : 16 February 2012

Ms L Vateitei for the State
Mr E Maopa for the Accused

JUDGMENT

1. The accused in this case was charged for the offence of rape under section 207 (1) (2) (b) of the Crimes Decree No. 44 of 2009.
   
2. At the trial, the prosecution led the evidence of the victim-complainant SP in support of the charge. In addition, the prosecution adduced the evidence of Ms Makereta Robanakadavu.
   
3. Evidence revealed that the accused used to visit the place of Ms Makereta Robanakadavu who was living in Vaivai, Legalega. Ms Makereta Robanakadavu was the step-mother of the accused. The accused, who was visiting Vaivai, Legalega to see his father had been familiar to SP as he used to bring her coconuts and to work in the sugarcane fields of Jitend Prasad, the husband of SP. SP was 61 years of age at the time of the incident and had been living in the neighborhood of Ms Makereta Robanakadavu for some years.
   
4. On 09 March 2011, the accused came to the house of SP around 11 o'clock in the morning and took her forcefully inside her house and raped her by inserting a finger into the vagina.
   
5. The evidence of two doctors namely Ms Salman Hanifa and Dr. Mrs Karalaini Saumiramira supported the fact that the victim had suffered injuries including lacerations on labia minora on her vulva due to blunt force. Dr Karalaini Saumiramira was of the opinion that the lacerations could have been caused by forceful insertion of a finger or a penis into the vagina of the victim.
   
6. In addition, the prosecution led the admissions made by the accused in the two statements, being the cautioned-interview statement and the charge statement, admitting the forceful act of penetrating the vagina of the victim with a finger without her consent.
   
7. In light of the above facts the learned assessors were summed up on the application of the law. At the close of their deliberations, the assessors returned unanimous opinions of guilty in respect of the charge of rape under section 207 (1) (2) (b) of the Crimes Decree No. 44 of 2009.
   
8. I direct myself with the summing up of the law and evidence. I concur with the unanimous opinions of the assessors as they were entitled to come to such opinions in light of the two forms of evidence that they appear to have accepted.
   
9. I, accordingly, convict the accused on the charge of rape under section 207 (2) (b) of the Penal Code.
   

Priyantha Nāwāna
Judge
High Court
Lautoka
16 February 2011