The Lautoka High Court has acquitted a man of charges including one count of rape, one count of sexual assault, and one count of indecent assault. The case was presided over by High Court Judge Justice Sunil Sharma earlier this week.
The alleged incidents reportedly took place in March 2022. Justice Sharma noted that the critical question at this stage of the trial was whether there was sufficient evidence supporting all elements of the charges against the accused.
Following the closure of the prosecution’s case, the defense counsel requested the court to rule that there was no case for the accused to answer regarding all charges. Justice Sharma remarked that the principle of consent is a vital component in proving the offences the accused faced. He highlighted that the complainant’s testimony confirmed she had consented to the actions in question, which failed to satisfy a key element necessary for the charges.
Conceding to the defense application, the state counsel acknowledged the lack of evidence regarding the essential element of “without consent.” Consequently, Justice Sharma ruled that there was no grounds to bring the accused to trial, stating, “The accused is found not guilty and he is acquitted of all three counts as charged.”