PUTRAJAYA, Sept 2 — A factory worker who had been sentenced to eight years in jail and ordered to be given five strokes of the rotan for raping an underage girl today succeeded in his appeal to set aside his conviction and sentence.
A three-member Court of Appeal panel comprising Justices Datuk Hadhariah Syed Ismail, Datuk Nordin Hassan and Datuk See Mee Chun allowed Muhammad Arfahsyar Ishak's final appeal to set aside his conviction and sentence for the offence.
Justice Hadhariah, who delivered the court's decision, acquitted and discharged Muhammad Arfahsyar after ruling that the victim was not a credible witness as there were material contradictions in her evidence during the trial.
His lawyer G. Ravishankar submitted in court that the victim, now 23, was not a credible witness as she had made a police report to withdraw her complaint which was lodged in 2019.
He said she had also sent a text message to his client seeking forgiveness, adding that the first report was made in hopes that Muhammad Arfahsyar would marry her.
Ravishankar said the girl told a doctor who examined her that the first police report was lodged as Muhammad Arfahsyar had found a new girlfriend and was not replying to her text messages.
The 31-year-old man (Muhammad Arfahsyar) was charged with raping the girl who was then 15 years and nine months old at a hotel in Bedong, Kedah at 3pm on April 5, 2014.
He was found guilty by the Sessions Court on November 13, 2017, and sentenced to 15 years’ jail and six strokes of the rotan.
On December 19, 2018, the High Court dismissed his appeal against his conviction but reduced his sentence to eight years and five strokes of the rotan.
Deputy public prosecutor Mohd Fairuz Johari appeared for the prosecution.
— Bernama
