v.
While Ambika Prasad and one Tabaleka were waiting at a bus stop at Kinoya, Ambika Prasad was set upon by some youths who had been
drinking and was beaten up badly. $7.00 was removed from his pocket during the assault. Tabaleka came to his rescue and was also
beaten up. Ambika Prasad ended up in the hospital with a broken jaw, a broken tooth and other injuries. He could not eat any solid
food for 36 days.
Two youths were dealt with for the offence soon after the offence. The appellant was apprehended much later and was brought to trial
alone. Ambika Prasad and Tabaleka both gave evidence for the prosecution. They had known the appellant who lived in the area and
there was therefore no question of mistaken identity. Appellant admitted being at the bus stop but denied taking any part in the
assault on Ambika Prasad. He said he had been standing 8 - 10 yards away from where the assault took place and did not know who was
being assaulted. He admitted that he knew Ambika Prasad and used to speak to him every now and again.
The whole issue before the learned Magistrate was one of credibility. He seems to have had no hesitation in accepting the evidence
of Ambika, Prasad and Tabaleka as to the appellant's involvement in the assault.
There is nothing in the record to show why this Court should upset the finding of the trial Court.
The appeal against conviction is dismissed.
The appellant does not appeal against the sentence of 3 years imprisonment which, in the circumstances of this case, I do not consider
excessive.
G. Mishra
Acting Chief Justice
Suva,
9th September, 1977
