A nadi man has been acquitted of rape and sexual charges by the High Court in Lautoka.
The court found him not guilty of the lesser charge of indecent assault after initial charges of rape and two counts of sexual assault were dismissed due to a lack of evidence.
The accused was charged by the Director of Public Prosecutions on February 7 last year.
The court heard the charges stemmed from incidents that allegedly happened between May 1 and May 31, 2023, in Nadi.
The initial charges included rape and two counts of sexual assault.
During the trial, the State called one witness, the complainant, who was 12 years old in May 2023, and the stepdaughter of the accused.
In her testimony, the complainant testified said the accused had touched her breast over her clothing and told her not to tell her mother or the police, but she told her school teacher in October 2023 when questioned about her absenteeism from school.
The court heard that under cross-examination, the complainant admitted making up the allegation because she was angry at the accused, who had scolded and smacked her and her sisters for missing school.
Justice Sharma said she later retracted this admission, stating she did not make it up. She also agreed she had not told her teacher about the alleged breast touching in May.
The court heard the accused denied the allegations and said he treated his stepdaughters as his own and disciplined the complainant when she misbehaved.
He, however, confirmed scolding and smacking the children for missing school and walking a long distance to their uncle’s house, but denied touching the complainant’s breast.
In its analysis, the court had found the complainant’s evidence as not credible or reliable, noting a lack of logical consistency and appearing to be influenced by personal animosity towards the accused.
The court heard her testimony swayed, and she contradicted herself during cross-examination. The late reporting of the incident also raised concerns.
The court then concluded the prosecution had failed to prove the charge of indecent assault beyond a reasonable doubt and the accused was acquitted accordingly.
