KULIM: The Sessions Court here today acquitted and released a 26-year-old man from the charge of raping his sister-in-law two years ago.
Judge Mirza Mohamad announced the verdict after assessing witness testimonies and exhibits, and ruled that the prosecution failed to prove a prima facie case against Muhammad Iqbal Gee, 26.
"The court ruled that the prosecution has failed to prove a prima facie case on the charge pressed against the accused.
"The court hereby decided to acquit and release the accused from the charge without being called to enter defence," Mirza said while reading out the verdict.
A total of 10 prosecution witnesses were called to testify at Iqbal's trial after he pleaded not guilty to raping the woman who was then aged 20, in his rented house at Bandar Permata Lunas here about 1pm on March 19, 2021.
He was charged under Section 371(1) of the Penal Code which carries up to 20 years' imprisonment and shall also be liable to whipping, upon conviction.
Deputy Public Prosecutor Pavitra Satha Sivam stood for prosecution while lawyers Gnasegaran Egamparam, Audrey Wee and Vikneswaran Seghar acted as Iqbal's counsel.
Gnasegaran said during the trial, the defence has argued the prosecution's case that a rape crime has taken place as the act was consensual.
He said the complainant had willingly accompanied the accused to repair his motorcycle as his wife was in a confinement at her parents' home after delivering their child.
He added that the complainant had subsequently went to the accused's rented house willingly.
"The complainant also agreed that there were workers repairing the neighbouring house's wall during the incident and they could have heard if she had screamed for help when she was allegedly dragged into the house by the accused.
"Both of them were in the rented house for about an hour and after the alleged incident. They even remained in the house for about 15 minutes, where they both agreed initially not to inform the family members of happened in the house," he said when met outside the courtroom.
Meanwhile, Iqbal said he was relieved by the court decision and thanked his defence team.
Iqbal and his wife have since divorced following the incident and their two children are under the care of his ex-wife.
