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 ruling was made by High Court Judge Justice Sunil Sharma earlier this week, concerning alleged incidents that took place in March 2022.
Justice Sharma explained that the critical question during this phase of the trial was whether there was sufficient evidence for all the elements of the charges against the accused. After the prosecution completed its case, the defense attorney requested the court to declare that there was no case to answer for the accused.
In his statement, Justice Sharma highlighted that consent is a fundamental component of the alleged offences. He noted that the complainant had testified in court that she had consented to the actions of the accused, which left a crucial element of the charges unproven. The state counsel acknowledged this point, leading the court to decide that there was no evidence regarding the vital element of “without consent” to require the accused to mount a defense.
As a result, Justice Sharma declared the accused not guilty and acquitted him of all three charges.