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Regina v Kumata [2016] SBHC 21; HCSI-CRC 320 of 2011 (25 February 2016)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua, D.C.J)

Criminal Case No. 320 of 2011

REGINA

v

ROLLAND KUMATA

Date of Hearing: 23, 24 and 25 February 2016

Mr. Talasasa (DPP) and Mr. Dalipanda for the Crown
Mr. Ifuto'o for the Defence

RULING

The Defendant, Rolland Kimata has been charged with one count of rape under Section 136 of the penal Code. The offence allegedly occurred on 22 June 2009, at Pinapanda Village, on Kohingo Island, in the Western Province. The age of the victim was then thirteen years.

The Defendant was arraigned at the Gizo Magistrates' Court house on 23 February 2016. He pleaded not guilty to the charge and there was a trial on 23 and 24 February. The victim took oath her but remained mute without adducing evidence to support the charge.

On 25 February 2016, the Crown amended the indictment when the rape charge was amended to attempted rape. The Defendant pleaded not guilty, the Victim once more remained mute when she was in the witness box to give evidence on the attempted rape charge.

The complainant in this case is the younger sister of the wife of the Defendant. There is no evidence against the Defendant for attempted rape as submitted by his Lawyer. The Defendant is according acquitted of that offence. Order accordingly.

THE COURT