A 33-year-old man who raped his sister in 2011 and got away with a partial suspended sentence appeared in Suva High Court.
The Director of Public Prosecutions filed an appeal and the case is now before the High Court.
Defense Counsel, Sereima Waqainabete told the Court that he tried to look for case authorities to support the Magistrate's decision but could not find any.
Waqainabete requested for more time to look for cases to support the case.
The case has been adjourned to the 11th June for hearing.
Justice Madigan said that the man continues to serve his original sentence.
The man is serving his prison sentence only in the weekends as ruled by Nasinu Magistrate, Sumudu Premachandra.
In his ruling, Magistrate Premachandra said the man is to serve his 8-year sentence every weekend.
He said this means that the man goes to prison at 7pm every Friday and is to be released from prison at 7pm every Sunday.
The sentence was partially suspended on the rest of the weekdays.
Story by: Tokasa Rainima and Praneeta Prakash