State v Kumar - Judgment [2015] FJHC 858; HAC077.2013LAB (29 October 2015)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO: HAC 077 OF 2013LAB

STATE

V

BHUPENDRA KUMAR

Counsels : Ms. W. Elo for State
Mr. M. Fesaitu for Accused

Hearings : 27 and 28 October, 2015
Summing Up : 29 October, 2015
Judgment : 29 October, 2015

JUDGMENT

1. The three assessors had returned with a unanimous guilty verdict against the accused finding him guilty of raping the complainant on three occasions (count no. 1, 2 and 4) and indecently insulting him, as alleged in count no. 3.

2. Obviously, the three assessors had accepted the prosecution's version of events and had accepted the complainant's version of events. They had rejected the accused's denials.

3. I have reviewed the evidence called in the trial and I had directed myself in accordance with the summing up I gave the assessors today.

4. The assessors' verdict was not perverse. It was open to them to reach such conclusion on the evidence.

5. Assessors are there to assist the trial judge come to a decision on whether or not the accused is guilty as charged.

6. On the evidence, I agree with the three assessors' verdict, and I accept their opinions. I accept the complainant's evidence and version of events. He was credible as a witness. The accused appeared evasive when answering questions. As a result, he was not credible as a witness. I reject his denials.

7. Given the above, I find the accused guilty as charged on all counts and I convict him accordingly on those counts.

8. Assessors thanked and released.

Salesi Temo

JUDGE

Solicitor for the State : Office of the Director of Public Prosecution, Labasa

Solicitor for the Accused : Office of the Legal Aid Commission, Labasa