The Lautoka High Court has acquitted a man of one count of rape, one count of sexual assault, and one count of indecent assault. The judgment was delivered by High Court Judge Justice Sunil Sharma earlier this week concerning alleged incidents that occurred in March 2022.
Justice Sharma stated that the crucial determination at this stage of the trial was whether there was evidence to support all elements of the charges against the accused. After the prosecution concluded its case, the defense counsel requested the court to consider a no case to answer for the accused regarding all charges.
He explained that the absence of consent is a fundamental aspect of the offences. The complainant’s testimony regarding her consent to the accused’s actions left a key element of the offences unmet. The state counsel acknowledged this point.
As a result, Justice Sharma ruled that there was insufficient evidence concerning the essential element of lack of consent, leading to the conclusion that the accused would not be required to present a defense. Consequently, he was found not guilty and acquitted of all three charges.