PETALING JAYA: The Sessions Court here has acquitted celebrity preacher Syed Shah Iqmal Syed Mohammad Shaiful - better known as Da'i Syed - on two counts of sexual offences involving a college student.
Sessions judge Jamaludin Mat ordered the acquittal on Tuesday (May 31) after allowing an application by the defence which sought for the accused to be discharged and acquitted.
"I agree with the counsel's submission for a discharge and acquittal. The accused is therefore discharged and acquitted according to Section 254(3) of the Criminal Procedure Code (CPC)," he said.
The court also ordered for the RM25,000 bail to be returned to the accused.
Earlier, deputy public prosecutor Norhashimah Hashim applied for the court to grant the accused a discharge not amounting to an acquittal (DNAA) instead under Section 254 (2) of the CPC.
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She said upon evaluation of the case, the prosecution sought a DNAA as the complainant in the case suffered from depression over the incident to a point that she had harmed herself.
"The complainant was not able to attend court to swear under oath to testify over the police report that has been withdrawn.
"In this case, the prosecution seeks a DNAA after considering the complainant's health," she said.
Norhashimah also said the prosecution could still proceed with the case in the future despite the complainant withdrawing her police report.
Lawyer Syed Amirul Syed Edros, who represented Syed Shah Iqmal, asked the court for a full acquittal as the defence believed the complainant had no intention to pursue the case and that the prosecution's case was based on the complainant's testimony.
He said his client had been charged in court on Dec 10, 2020.
"This means it has been 538 days since the case began but today the prosecution says that they do not want to proceed.
"We ask the court for an acquittal to avoid this case from hanging over my client's head where he would always be labelled a sex offender," he said.
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On Dec 10 last year, Syed Shah Iqmal, 26, pleaded not guilty to committing unnatural sex and outraging the modesty of a 22-year-old private college student at his rented house in Damansara Perdana here, between 3am and 4am on Oct 17, 2020.
He was charged under Section 377B of the Penal Code which provides for a maximum 20-year jail term and whipping, upon conviction.
He was also charged at a Magistrate’s Court here with using criminal force on the same woman with intent to outrage her modesty at the same place and date.
The charge, under Section 354 of the Penal Code, provides imprisonment for up to 10 years, or fine or whipping, or any two of the punishments, upon conviction.
