Supreme Court of Mauritius, 16 avril 2026, 2026 FLQ 62 – Police v V Jeewooth

Police v V Jeewooth

2026 FLQ 62

IN THE DISTRICT COURT OF FLACQ

Cause No: 4555/2024 In the matter of: POLICE

V

VAROON JEEWOOTH JUDGMENT

1. The accused stands charged with the offence of domestic violence contrary to sections 2and 13(2) of the Protection against Domestic Violence Act (hereinafter referred to as DVA) as amended by Act 10/2016. He pleaded not guilty and was not represented by counsel.

2. Witness no.1, PC 4199 Kader, identified, read and produced a defence statement which he recorded from the accused on 05.06.2024, where the latter denied the allegations against him.

3. Witness no.2 has never been present in court for this matter. When the case came for trial on 19.06.2024, witness no.2 was not present despite having been warned to attend court through her father. The case was postponed to 20.10.2025. However, she was absent on that day, and the court was informed that she was totally unknown at her given address. A new address was provided for witness no.2 and a last postponement was granted to the prosecution on account of the absence of witness no.2. On 30.03.25, the court was informed that witness no.2 had been personally warned to attend court, but was yet again absent without any explanation. The prosecution closed its case in light of the last postponement granted by the court and the fact that witness no.2 was absent despite having been warned personally.

4. The accused denied the charge in his out-of-court statement. He exercised his right to silence during the trial.

5. The guilt of an accused cannot be inferred from his silence. The burden in a criminal case is on the prosecution to positively prove his guilt. In the present matter, the evidence adduced by the prosecution falls short of establishing the elements of the offence charged. The evidence before the Court is a denial made out of court by the accused.

6. In the circumstances, the court has no alternative but to dismiss the charge against the accused.

Y. Ramsohok

Senior District Magistrate Date: 16.04.2026