Kota Kinabalu: A 29-year-old waiter was freed from a charge of raping an underaged girl, without his defence being called.
Sessions Court Judge Ummu Khaltom Abdul Samad discharged and acquitted Abdul Rahman Rajullah after ruling that the prosecution failed to establish a prima facie case against Abdul Rahman, Wednesday.
Abdul Rahman was accused of raping the 15-year-old girl at 6.30am on Dec 14, 2019 in a hotel room in Api-Api Centre, here.
The offence under Section 376(1) of the Penal Code carries a jail term of up to 20 years and whipping, on conviction.
In her ruling, the court ruled that after having scrutinised the evidence adduced by the prosecution through their witnesses and upon reading the written submissions tendered by both parties, she found that the vital element of rape, which was penetration, was not proven by the prosecution.
Therefore, the court said the prosecution had failed to establish a prima facie case against the accused on the charge framed against him under Section 376(1) of Penal Code.
The court hereby ordered Abdul Rahman to be discharged and acquitted from the said charge without his defence being called.
Deputy Public Prosecutor Fauzi Acho conducted the prosecution while Abdul Rahman was represented counsel Mohd Nazri Zikiri. The prosecution had called seven witnesses during the hearing.
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