West Coast Demerara man freed of rape charge

A man accused of rape was on Tuesday afternoon freed after a hung jury could not return a verdict.

After nearly three hours of deliberation, the 12-member jury could not determine whether or not Mahendra Budhan, called “Ajay”, was innocent or guilty of the

Mahendra Budhan escorted by relatives moments after he was freed
Mahendra Budhan escorted by relatives moments after he was freed

charge of rape of a child under 16 years.

The prosecution contended that the incident occurred between August 1 and 31, 2010, at a West Coast Demerara village. The hung jury reflected nine members saying not guilty while three opted for guilty. However, presiding Judge, Justice Jo-Ann Barlow informed the court that a verdict requires at least 10-2. The Judge further noted another jury would have to be empanelled to decide on the matter should the State pursue a fresh trial.

Moments after he was freed, Budhan’s mother was in tears as they walked out of the High Court in Georgetown. Budhan was advised by the Judge before being freed to be responsible when conducting himself in the future. He was represented by Attorney Clyde Forde, while the State’s case was led by Prosecutors Shawnette Austin, Tamica Clarke and Mandell Moore.

Five witnesses testified in the trial.