Supreme Court of Mauritius, 7 février 2020, 2020 PL2 22 – Pce v Badhoodeenkhan

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Pce v Badhoodeenkhan

2020 PL2 22

POLICE v BADHOODHEENKHAN Sindy Irina

CN:9080/18 IN THE DISTRICT COURT OF PORT LOUIS (2nd Division) In the matter of:

POLICE V BADHOODHEENKHAN Sindy Irina

JUDGMENT

Accused stands charged with the offence of Failing to comply with a protection order in breach of Sections 2,3 and 13 (1) of the Protection from Domestic Violence Act 10/2016. Accused pleaded not guilty to the charge and was not represented at trial stage. Prosecution produced a certified copy of the protection order DV 89/18 marked as Doc A. Prosecution then called witness no.1, PC Paupegadoo, who read and produced the defence statement of the accused, marked as Doc B. Prosecution then called witness no.2, Mrs Bibi Mariam Abdool Hakim, who stated that she holds a protection order against her daughter-in-law and that on the material day, the accused grew angry. The accused initially stated her daughter-in-law told her “taler mo batte toi”, following which she said she cannot recollect as they are on good terms.

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The witness was cross-examined. The case was then closed for the Prosecution. The accused was informed of her Constitutional rights and elected to make a statement from the dock. The accused explained that she never stated anything to her mother-in-Law. The case was then closed for the Defence. The Court has analysed the evidence on record with great attention. The case for the Prosecution relies exclusively on the shoulders of the complainant. The Court was far from impressed with the demeanour of the complainant. She did not come across as a witness of truth. The Court was not convinced by her version of facts, which appeared shy of material details. In the circumstances, the Prosecution having failed to prove its case beyond reasonable doubt, the Court accordingly dismisses the case.

Mrs Manjula Kumari Boojharut (District Magistrate) Delivered 07 February 2020