State v Tawakevou [2013] FJHC 701; HAC170.2011 (21 June 2013)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 170 of 2011

BETWEEN:

THE STATE
COMPLAINANT

AND:

SEREMAIA TAWAKEVOU
ACCUSED

Counsel : Mr. Yogesh Prasad for the State
: Mr. Jeremaia Savou for the Accused

Date of Hearing : 18th, 19th and 20th June 2013
Date of Judgment : 21st June 2013

JUDGMENT

1. Seremaia Tawakevou you have been charged with the following offence:
   

Statement of Offence

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

Particulars of Offence

SEREMAIA TAWAKEVOU on 22nd day of May, 2011 at Naisogovau Village, Dravo, Nausori in the Central Division penetrated the vagina of SITERI DRAU with his penis without SITERI DRAU'S consent.

2. In the unanimous opinion of three assessors you have been found NOT GUILTY of the offence. In directing myself on my own summing up, I concur with the Assessors and also find you NOT GUILTY. You are acquitted of the offence accordingly.
   
3. That is the judgment of the Court.
   

Janaka Bandara
JUDGE

At Suva
21st June 2013