IPOH, August 28 — A man was freed by the Sessions Court here today on charges of raping and physically sexually assaulting a 17-year-old girl in 2021.
Judge Jean Sharmila Jesudason ordered the release of Mohd Muhazzam Shah Mohd Salem, 40, after ruling that the prosecution had failed to establish a prima facie case against him at the close of its case.
In her judgment, the judge said the court had found inconsistencies and gaps in the prosecution’s case.
“The court found inconsistencies, which were not clarified either during the police investigation or through the testimony of the witnesses, particularly that of the victim. This, in turn, created a reasonable doubt in the court’s mind.
“Therefore, the accused is acquitted and discharged without being called to enter his defence for both charges,” she ruled.
The prosecution had called six witnesses to testify, including the victim, her aunt, a friend, two doctors from Hospital Seri Manjung, and the investigating officer.
The judge ordered the bail sum to be returned to Mohd Muhazzam.
When met outside the court, Mohd Muhazzam expressed relief over the decision.
“I am very thankful for today’s outcome,” he said.
Mohd Muhazzam was charged on December 31, 2021, and was accused of raping and sexually assaulting the 17-year-old girl in the bedroom of an apartment in Bukit Permata, Lumut, at 11 pm on December 17, 2021.
The rape charge was framed under Section 376 of the Penal Code, while the sexual assault charge was under Section 14(a) of the Sexual Offences Against Children Act 2017.
Mohd Muhazzam was represented by lawyers Haresh Mahadevan and Ramzani Idris, while Deputy Public Prosecutor Quaratu Aini Mohamad Arifin prosecuted.
