Factory worker wins appeal against conviction for raping underage girl

PUTRAJAYA: A factory worker sentenced to eight years' jail and five strokes of the rotan for raping an underage girl has succeeded in the appeal against his conviction.

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.

Justice Hadhariah, who delivered the court's decision here on Friday (Sept 2), 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 the hope that Muhammad Arfahsyar would marry her.

Ravishankar said the girl told the 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 Muhammad Arfahsyar was charged with raping the girl, then aged 15 years and nine months, at a hotel in Bedong, Kedah at 3pm on April 5, 2014.

He was found guilty by the Sessions Court on Nov 13, 2017 and sentenced to 15 years’ jail and six strokes of the rotan.

On Dec 19, 2018, the High Court dismissed his appeal against his conviction but reduced his sentence to eight years and five strokes.

Deputy public prosecutor Mohd Fairuz Johari appeared for the prosecution. – Bernama