Krishna v Police [1953] FijiLawRp 9; [1946-1955] 4 FLR 76 (24 April 1953)

[1946-1955] 4 FLR 76

SUPREME COURT OF FIJI

Appellate Jurisdiction

BAL KRISHNA (f/n SUKH RAM)

v

THE POLICE

Carew, P.J.

April 24th, 1953

Corroboration of complaint-indecent assault-case stated requirements of-evidence in.

The accused was convicted of the offence of indecent assault by the 1st Class Magistrate's Court at Nausori.

The complainant alleged at the trial that she had been indecently assaulted by the accused. Six days later the accused made a statement to the police in the Hindustani language in which he admitted searching the complainant while looking for a lost 5/-note.

The Magistrate held that for a man to search a girl who was very lightly clothed, on the ground, on a lonely road was an indecent assault.

The accused appealed by way of case stated.

HELD –

(1) That the statement amounted to corroboration of the complainant's evidence.

(2) In an appeal by case stated the appellate court is only concerned with the facts found by the Magistrate and not with the evidence lead, and therefore a point as to the correct interpretation of the statement could not be raised.

(3) Requirements of a case stated specified.

Cases referred to:-

Spicer v Warbey [1953] 1 AER 284.

R. v Rolfe 36 CrAppR 4.

R. v Baskerville [1916] 2 KB 658.

S. Hasan for the appellant.

B. A. Doyle, Q.C., Attorney-General, for the respondent.

CAREW, P.J.-The question of law which is submitted for the opinion of this Court is as follows:-

"Whether the learned Magistrate was correct in holding that the statement made by the accused to the police on the 2nd day of January, 1953, and put in evidence amounted to corroboration of the indecency alleged by the complainant to have been committed on her by the accused."