Photo for illustration purposes only.
KUCHING (May 21) The High Court here has discharged and acquitted a Royal Malaysian Air Force (RMAF) personnel of a charge of raping a 16-year-old girl in 2016.
Judge Dr Alwi Abdul Wahab quashed the conviction and sentence of the 31-year-old man, who had appealed against the 10 years’ jail and five whippings imposed on him by the Sessions Court on February 7, 2023.
“There is merit in this appeal. I order the appeal to be set aside. The sentence is to be quashed and the accused is to be discharged and acquitted,” said Alwi in his judgement.
The man was accused of raping the girl at a hotel in Jalan Abell between 2am and 3am in Aug 31, 2016 and was charged under Section 376(1) of the Penal Code which provides a jail term for up to 20 years and whipping, if convicted.
Based on the facts of case which had been narrated from the evidence of the prosecution’s witnesses, the victim testified that on June 15, 2017, her mother came to know about a photo from her friend through the Facebook Messenger application.
The photo, which had been tendered during trial showed the incident which occurred on Aug 31, 2016, where the man was with the victim, who was in half-conscious condition at a hotel.
Previously, the man’s counsel Abdul Rahman Mohd Hazmi had submitted that to prove document (the photo), the prosecution needed to produce the actual document.
“In the context of digital evidence from a device that means showing the court the device, with display turned on and directed to the relevant image in court, the witness tendering the image needs to prove that what was displayed on the date of testimony, was the same thing displayed at the material time.
“The court cannot presume that whatever displayed on the date of the trial was the same thing displayed at the material time,” said Abdul Rahman.
The case was prosecuted by DPP Aidatul Azura Zainal Abidin.
