Supreme Court of Mauritius, 16 avril 2026, 2026 FLQ 61 – Police v N Beemul

Police v N Beemul

2026 FLQ 61

IN THE DISTRICT COURT OF FLACQ

Cause No: 6960/2023

In the matter of: POLICE

V NEETISH BEEMUL

JUDGMENT 1. The accused has been charged with the offence of insult in breach of section 296(b) of the Criminal Code. He pleaded not guilty and was not represented by counsel during the trial.

2. Witness no.1, PC 2613 Chotoo, stated that he interviewed the accused on 26.04.2023 after the latter was duly informed of his constitutional rights, the charges against him and cautioned. The accused denied the charge and declined to give a defence statement.

3. Witness no.2, Mr. Jevine Neeliah, made a withdrawal under solemn affirmation in the present matter and the prosecution elected to proceed with the case. During the trial, witness no.2 stated that the accused lives in his neighborhood, and he still did not wish to proceed with this matter. Despite being reminded that he was competent and compellable, he insisted on his withdrawal, explaining that he did not wish to ruin his relationship with the accused. The prosecution closed its case.

4. The accused exercised his right to silence during the trial.

5. The guilt of the 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.

6. The court has no alternative than to dismiss the charge against the accused.

Y. Ramsohok Senior District Magistrate Date: 16.04.2026