A man from Nadi has been acquitted of rape and sexual assault charges by the High Court in Lautoka. The court, presided over by Justice Sharma, found him not guilty of indecent assault as well, citing insufficient evidence to support the allegations.
The charges, brought by the Director of Public Prosecutions on February 7, 2023, were claimed to have occurred between May 1 and May 31, 2023. The primary witness, a 12-year-old girl who is the stepdaughter of the accused, testified that the accused had touched her breast over her clothing and warned her against telling anyone. However, she later reported the incident to her teacher in October 2023 when asked about her absences from school.
During cross-examination, the complainant admitted to fabricating the allegations out of anger after being scolded and disciplined by the accused for her school attendance. Although she initially retracted her concession, the court found her testimony lacked credibility due to inconsistencies and potential retaliatory motives.
Justice Sharma emphasized the importance of credible evidence and noted the prosecution’s failure to meet the burden of proof necessary for a conviction. As a result, the court acquitted the accused of all charges.
This case underscores the emphasis on the judicial principle that a defendant is “innocent until proven guilty,” while also highlighting the complex dynamics often present in allegations of this nature. Justice systems must balance the rights of the accused with the need to support and believe survivors, ensuring fairness and thoroughness in all proceedings.
Furthermore, it is essential for society to remain vigilant in supporting survivors and fostering an environment conducive to justice. The court rulings in similar cases indicate a careful, evidence-based approach in adjudicating serious allegations related to sexual offenses. This approach maintains the integrity of the judicial system and reinforces the need for reliable testimony in sensitive matters.
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