State v Rasheed - Judgment [2013] FJHC 54; HAC107.2011 (8 February 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

Criminal Case No: HAC 107 of 2011

BETWEEN:

THE STATE

AND:

ABDUL RASHEED

Counsel : Mr. S. Nath with Ms T. Leweni for the State
Mr. T. Sharma for the Accused

Dates of Hearing : 6, 7 and 8 February 2013
Date of Judgment : 8 February 2013

JUDGMENT

[1] Abdul Rasheed, you have been charged with the following counts:

COUNT 1

Statement of Offence

RAPE: Contrary to Sections 149 and 150 of the Penal Code, Cap. 17.

Particulars of Offence

ABDUL RASHEED s/o Abdul Rahiman, between the 1st day of February, 2005 and the 31st day of December, 2005 at Nasinu in the Central Division, had unlawful carnal knowledge of a girl, namely ARTIKA SONAM SINGH, without her consent.

COUNT 2

Statement of Offence

RAPE: Contrary to Sections 207(1)(2)(a) of the Crimes Decree No. 44 of 2009.

Particulars of Offence

ABDUL RASHEED s/o Abdul Rahiman, on the 20th day of March 2011 at Nasinu in the Central Division, had unlawful carnal knowledge of a girl, namely ARTIKA SONAM SINGH, without her consent.

[2] After trial, three assessors have returned unanimous opinions of guilty on each count. Having directed myself on my own summing up, I agree with the assessors and find you guilty. I convict you of both counts accordingly.

Paul K. Madigan
JUDGE

At Suva
8 February 2013