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, declaring him not guilty of all accusations. The case was presided over by Justice Sunil Sharma earlier this week.
The charges stemmed from incidents alleged to have occurred in March 2022. Justice Sharma emphasized that the key consideration at this stage of the trial was whether sufficient evidence existed for all elements of the accused’s charges.
Following the prosecution’s presentation of its case, the defense counsel requested a dismissal of the charges on the grounds of insufficient evidence. Justice Sharma noted that “without consent” is a critical element of the offenses. He pointed out that the complainant admitted in court to having consented to the accused’s actions, which undermined the essential element of non-consent.
State counsel, acknowledging the validity of the defense’s argument, agreed to the motion for a no case to answer. Consequently, Justice Sharma concluded that there was no evidence regarding the essential element of “without consent” to warrant the accused’s defense. As a result, the accused was found not guilty and acquitted of all three charges.