TEMERLOH: A man previously sentenced to 14 years in jail and 10 strokes of the rotan for raping his 16-year-old hearing-impaired relative has been acquitted after the High Court overturned his conviction on appeal.
Judicial Commissioner Kuldeep Kumar Jamna Dass ruled that the prosecution had failed to prove beyond reasonable doubt that penile penetration had occurred, an essential element of the offence under Section 376(3) of the Penal Code.
He allowed the 31-year-old man’s appeal and set aside the conviction and sentence imposed by the Temerloh Sessions Court on Feb 27 last year.
In his grounds of judgment dated Oct 26, Kuldeep said the victim’s medical report recorded that she was unsure whether penile penetration had taken place.
He said the medical officer who prepared the report was not asked to clarify the discrepancy, while the victim’s understanding of the term rape had not been sufficiently explored during questioning.
These shortcomings left material gaps in the prosecution’s case and raised reasonable doubt over whether the offence had been committed, he said.
“The prosecution failed to clarify this material aspect of the victim’s evidence while the Sessions Court judge failed to adequately address this issue in evaluating whether the essential element of penetration had been proved beyond reasonable doubt.
“The conviction against the appellant is unsafe and cannot be sustained.
“The appellant’s appeal is allowed, and the conviction and sentence imposed by the Sessions Court judge are set aside.
“The appellant is acquitted and discharged,” he said.
The man was accused of raping the teenager at a house in Maran on April 10, 2021.
The defence had highlighted inconsistencies concerning the alleged use of a knife and an offer of RM50 to the girl.
The man was represented by lawyer Fakhrul Redha Paridul Adras, while deputy public prosecutor Nur Syafiqah Noorinda appeared for the prosecution.