The Suva’s High Court has found a man not guilty of multiple charges of sexual assault and has acquitted him on all five counts accordingly.
The Office of the Director of Public Prosecutions in August 2023, file amended information charging the accused with one count of sexual assault, contrary to Section 210(1) (a) of the Crimes Act, two counts of rape, contrary to Section 207 (1)(2) (b) of the Crimes Act and two counts of defeating the course of justice, contrary to Section 190 (e) of the Crimes Act.
The man appeared before High Court Judge, Justice R Rajasinghe, last Friday.
Justice Rajasinghe in his ruling told the Court that based on the reasons stated answers given by the complainant, there is a reasonable doubt whether the complainant was caught by the accused when she was having sexual intercourse with her boyfriend inside a canteen.
He said that incident led to a continuous fight between the complainant and her sister.
“Considering all these facts, it creates a further reasonable doubt whether she made up this allegation to save herself and her boyfriend from being charged.”
“Hence, there is a reasonable doubt about the credibility and the reliability of the evidence given by the complainant. Therefore, the Prosecution failed to prove the allegations as charged in the Information against the Accused beyond a reasonable doubt.”
Justice Rajasinghe said the accused is not guilty of one count of Sexual Assault, contrary to Section 210 (1) (a) of the Crimes Act, one count of Rape, contrary to Section 207 (1) (2) (b) of the Crimes Act, one count of Rape, contrary to Section 207 (1) (2) (a) of the Crimes Act as charged in the Information and acquitted of the same accordingly.
The ODPP has been given 30-days to appeal the matter.
