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Court finds dad guilty

Shalveen Chand
Thursday, March 13, 2014

A MAN who raped his ten-year-old daughter was found guilty by the High Court in Lautoka yesterday.

After assessors delivered a mixed verdict, Justice Sudharshana De Silva convicted the father on two counts of rape.

"It is agreed fact that the complainant was born in September 2001,"said Justice De Silva.

"Thus she was less than 13 years at the time of each incident of rape. Thus the consent is not an element of each count.

"The evidence to prove these charges came from the complainant and the caution statement and the charge statement of the accused."

He said the prosecution had proved that the man raped his daughter who he had been looking after as a single parent.

"I observed the demeanour of this witness when she gave evidence. In my mind there is no doubt that she gave truthful evidence in court," he said.

"She was prompt in answering the questions put to her by the prosecution as well as defence. She was not evasive in her answers. She had told her aunt about the incident.

"In fact it was at the first available opportunity after the last incident of rape.

"The accused is the father of the complainant and incidents have taken place in daytime. Therefore, there is no issue regarding identification.

"It was not suggested to her that she had a motive to falsely implicate the accused.

"There were some inconsistencies in her evidence with her aunt's evidence.

"However, considering the age of the complainant and her education level, these inconsistencies are insignificant."

The accused will be sentenced next week.

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