Supreme Court of Mauritius, 8 janvier 2020, 2020 LPW 1 – Police v Jacques David Anthony Chinapen

Police v Jacques David Anthony Chinapen

2020 LPW 1

CN 3517/2019

THE DISTRICT LOWER PLAINES WILHEMS (MAURITIUS)

In the matter of: –

Police

v/s

Jacques David Anthony Chinapen

JUDGMENT

In an Information lodged against the Accused, the latter stands charged with the offence of rogue and vagabond in breach of Sections 28(1)(f) and (2) of the Criminal Code (Supplementary) Act. The Accused pleaded not guilty to the charge and was represented by Counsel at the trial.

The out-of-court statement of the Accused (Doc A) is in record.

The testimonies of Witness Nos.: 1 and 2 are also on record.

The Defence did not adduce any evidence.

I have duly considered all the evidence adduced on record.

The flaw in the case for the Prosecution resides as to when the offence allegedly took place.

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Witness No.: 2 testified to the effect that the incident took place on 26.04.19 at 23.30 hours whereas the Information preferred against the Accused averred that the date of the offence was 27.04.19. The Prosecution did not move to amend the Information in relation to the date of the offence and I therefore cannot surmise when the offence took place. I therefore have a real doubt as to when the offence took place.

In light of the above, I am of the view that it is a fit and proper case to grant the Accused the benefit of the doubt.

Judgment delivered by: Neeshal K JUGNAUTH, District Magistrate. Judgment delivered on: 8 th January 2020.