State v Qiokata [2015] FJHC 166; HAC141.2010 (6 March 2015)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL CASE NO.: HAC 141 OF 2010

STATE

-v-

JOSEVA QIOKATA

Counsels : Mr. Josaia B. Niudamu for the State
Ms. L. Jiuta for the Accused

Date of Trial : 4 March 2015 – 5 March 2015
Date of Summing Up : 6 March 2015
Date of Judgment : 6 March 2015

JUDGMENT

1. The Accused is charged under following count:
   

COUNT

Statement of Offence

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

Particulars of Offence

JOSEVA QIOKATA, between the 8th day and the 9th day of September 2010, at NADI in the WESTERN DIVISION, inserted his penis into the vagina of JR, without her consent.

2. The three assessors unanimously found accused Guilty of the count against him.
   
3. I direct myself in accordance with the law and the evidence which I discussed in my summing up to the assessors.
   
4. Considering the nature of the evidence before the court, I am convinced that the prosecution had proved the case beyond reasonable doubt.
   
5. Prosecution case was based on the evidence of the complainant. She was 25 years old at the time of the incident. She was married with two children and 4 months pregnant. The accused who lived in the same settlement had broken entered the house of the complainant in the night. Then he had dragged the victim out and raped her. The accused did not release the complainant till 5.00 a.m. Soon thereafter the complainant had gone to her cousin's house and informed her and then to police. Cousin's evidence is consistent with the conduct of the complainant after the incident. Doctor is of the opinion that medical findings are consistent with the history given by the complainant. I am of the view that there is evidence establish the identification of the accused beyond reasonable doubt.
   
6. I reject the version of accused that he was at the night club at the time of the incident. This alibi was only taken at the time of the trial. The evidence given by the accused is highly improbable and inconsistent.
   
7. I am satisfied that evidence is sufficient to establish the guilt of the accused beyond reasonable doubt.
   
8. In my view, the assessor's opinion was not perverse. It was open for them to reach such conclusion on the evidence. I concur with the opinion of the assessors.
   
9. I find the accused Guilty as charged on the count of Rape contrary to Section 207 (1) and (2) (a) of the Crimes Decree and convict him for the count against him.
   
10. This is the Judgment of the Court.
    

Sudharshana De Silva
JUDGE

At Lautoka
6th March 2015

Solicitors: Office of the Director of Public Prosecution for the State
Office of the Legal Aid Commission for the Accused