State v Kumar [2013] FJHC 57; HAC202.2011S (15 February 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 202 OF 2011S

STATE

vs

JITENDRA KUMAR

Counsels : Ms. A. Lomani for State
Ms. V. Ravono for Accused
Hearings : 11th to 13th February, 2013
Summing Up : 15th February, 2013
Judgment : 15th February, 2013

JUDGMENT

1. The three assessors have returned with a unanimous verdict that the accused is not guilty as charged on the offence of arson.
   
2. Obviously the assessors have rejected the prosecution's version of events, and as a result, they have found that the prosecution had not proven its case beyond reasonable doubt.
   
3. I have reviewed the evidence called in this trial and I have directed myself in accordance with the Summing Up I gave the assessors today.
   
4. In my view, the three assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.
   
5. I agree with the three assessors' verdict and I find the accused not guilty as charged on Count No. 2 and I acquit him accordingly on that count.
   

Salesi Temo
JUDGE

Solicitor for the State : Office of the Director of Public Prosecutions, Suva
Solicitor for Accused : Ms. V. Ravono, Barristers & Solicitors, Nausori.