Supreme Court of Mauritius, 14 février 2020, 2020 ROD 11 – POLICE V LOUIS ELSA

POLICE V LOUIS ELSA

2020 ROD 11

POLICE V LOUIS ELSA

Cause No: 1419/2019 THE COURT OF RODRIGUES

In the matter of:- POLICE

VERSUS

ELSA LOUIS

———- JUDGMENT Introduction. 1. Accused stands charged with the offence of assault in breach of section 228 and 230(1) of the Criminal Code. Accused pleaded not guilty and was not assisted by Counsel at trial. The trial. 2. This is a case where Accused is being prosecuted for having assaulted Marie Antoinette Cupidon. 3. For the prosecution, when the trial was called for the first time, the medical examination certificate of the declarant was produced and the statement of Accused was read and produced. The matter was postponed for today and the declarant did not attend for the trial again and this

is despite of having been warned personally by the police and also after a summons was personally issued to her. 4. As regards to Accused, she denied the charge levelled against her.

The law.

5. As regards to the law in relation to the present charge, section 230 of the Criminal Code reads as follows:-

Where such wound, blow or other violence or assault has not caused any sickness or incapacity from personal labour of the description mentioned in section 228 the offender shall be punished by imprisonment for a term not exceeding two years, and by a fine not exceeding 50,000 rupees.

Assessments.

6. I have assessed all the evidence on record.

7. In the present case, the burden rests on the prosecution to prove its case beyond reasonable doubt. However, in the absence of any evidence regarding the version of complainant as to how she was assaulted, the Court is of the view that the Prosecution has failed to prove its case to the required standard.

Conclusion.

8. For the reasons referred above, the case is dismissed against Accused.

D.J.A Dangeot Senior District Magistrate

Delivered on 14 February 2020