KUALA LUMPUR: A security guard has been freed over a charge of raping his girlfriend’s underage sister after it was found that the victim’s evidence was ambiguous and inconsistent.
Upon hearing the verdict, Muhammad Syahir Naim Ramli, 21, who stood in the dock, looked stunned and then rushed to his family members.
The accused, who was represented by lawyer S.S. Seelan, told the media that the hostel room where the alleged offence took place was his usual hang-out with his friends.
Sessions judge Datin M. Kunasundary found that the prosecution had failed to establish a prima facie case.
“The evidence of the victim is undeniably riddled with ambiguity and inconsistencies. The court is in doubt as to what actually transpired between the accused and the victim on the date and time of the alleged rape,” she said in her judgment yesterday.
The inconsistencies, she said, were seen in the 14-year-old victim’s oral testimony given in court. She also said the court was also doubtful of the girl’s demeanour in answering questions, adding that her testimony was contradictory to the evidence given by her mother.
Furthermore, she said she found the investigation by the investigation officer lacking.
She said the DNA of the accused was found in the room where the alleged offence took place, but the court also noted the presence of the DNA of an unknown male.
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