State v Hakim [2014] FJHC 42; HAC114.2012 (7 February 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 114of 2012

BETWEEN:

THE STATE
COMPLAINANT

AND:

MOHAMMED MUSTAFA HAKIM
ACCUSED

Counsel : Mr. Nath with Ms. W. Elofor the State
: Mr. Fesaitufor the Accused

Hearing : 5th and 6th February 2014
Summing Up : 7th February 2014

Judgment : 7th February 2014

JUDGMENT

1. Mohammed Mustafa Hakim you have been charged with the following offence:
   

RAPE: Contrary to section 207 (1) and (2) (a) of the Crimes Decree 44 of 2009.

Particulars of Offence

MOHAMMED MUSTAFA HAKIMon the 10th day of March, 2012, at Mana Street, Narere in the Central Division had carnal knowledge of YASMIN NISHA, without her consent.

2. The three assessors returned with mixed opinions. Assessor No. 2 and Assessor No. 3 found the accused NOT GUILTY for the count of Rape. Assessor No. 1 opined that the accused is guilty as charged.
   
3. The majority of assessors have not accepted the prosecution version to be 'sure' for them to believe. In delivering the Judgment of court, I reviewed the evidence tendered during the trial by both parties.
   
4. I direct myself in accordance with my own Summing Up and accept the opinion of the majority of assessors.
   
5. I find the accused 'NOT GUILTY' as charged and acquit the accused accordingly.
   
6. That is the judgment of the Court.
   

JanakaBandara
JUDGE

At Suva
Solicitors

Office of the Director of Prosecution for State
Office of the Legal Aid Commission for the Accused