State v Kumar [2006] FJMC 12; Criminal Case No 211 of 2005 (4 July 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT NAVUA

Criminal Case No. 211 of 2005

STATE

V

SHALENDRA KUMAR

Prosecution: Sgt. Tito
Defence: In Person

JUDGMENT

The accused has been charged for Assault Occasioning Actual Bodily Harm contrary to S245 of the Penal Code.

Particulars are that Shalendra Kumar on 4th July 2005 at Navua assaulted Shaheem Khan s/o Asraf Khan thereby occasioning him actual bodily harm. The accused has denied the assault.

The prosecution evidence is the daughter of accused eloped with the complainant in this case on 29th June 2005. They were searched and found at a house in Suva on 3rd July 2005 from where they were taken to the house of the accused. At the house of accused the complainant was punched and chili was rubbed on his face and eyes.

The accused ran away from the house of complainant. He was chased and punched from behind. The complainant saw a police officer and came to the Navual police station to report the matter. He was medically examined later during the day. The medical report states "cut on upper eye lid; 1 cm below left eye; scratches on left back."

The diagnosis was consistent with "physical assault."

The defence denied the assault. He was accompanied by two officers who came to privately help him find his daughter and the complainant. They also gave evidence that there was no assault on the complainant.

I have considered whole of the evidence. I find the version of the complainant more credible. The accused was a well known advisory counselor in Navua and knew the police at Navua very well. The officers, even helped him find his daughter privately at Suva without any official instructions.

The accused was angry at complainant for eloping with his daughter. He had taken them home from Suva after several days.

It’s very likely that he assaulted him upon arrival at home. In the process the complainant ran away from his house. I don’t accept that he went there to remove the louvers at 2 pm. that day. I neglect the evidence of the accused as incredible.

I find the Prosecution has proved its case beyond reasonable doubt and the accused is found guilty as charged.

Dated this 4th day of July 2006.

Ajmal G Khan
RESIDENT MAGISTRATE