Supreme Court of Mauritius, 17 juin 2020, 2020 PL2 40 – Pce v Alighan

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Pce v Alighan

2020 PL2 40

POLICE v ALIGHAN Yasin Mohammad Sakill

CN:3937/19 IN THE DISTRICT COURT OF PORT LOUIS (2nd Division) In the matter of:

POLICE V ALIGHAN Yasin Mohammad Sakill

JUDGMENT

Accused stands charged with the offence of Breach of the Protection from domestic Violence Act in breach of Sections 2,3 and 13 (2) of the Protection from Domestic Violence Act 10/16. Accused pleaded not guilty to the charge and was not represented at trial stage. Prosecution called witness no.4, Mr Rajendra Ragubar, Higher Records clerk, who stated that as per records kept, the complainant never attended hospital. Prosecution then called witness no.1, PC Gabina, who read and produced the defence statement of the accused, marked as Doc A. Prosecution then called witness no.2, CPL Goorah, who related that he noticed that the complainant had swollen cheeks on both sides and that the complainant stated that she was assaulted by her partner.

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Prosecution then called witness no.3, Mrs Taweer Mehnaaz Soobhany, who was unable to recall the events, despite having her memory refreshed by the Proseecutor. The case was then closed for the Prosecution. The accused was informed of his Constitutional rights and elected to remain mute. 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 could not give an iota of evidence in Court. 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 17 June 2020