SEREMBAN: A 50-year-old man was discharged and acquitted by the Sessions Court here on Monday (Oct 23) for allegedly raping and commiting carnal intercourse against the order of nature on a four-year-old girl his wife was babysitting.
Judge Surita Budin acquitted the man, who was 46 when the alleged crimes were committed, without calling for his defence at the end of the prosecution's case.
"After hearing testimonies from prosecution witnesses, perusing written submissions by both sides and evaluating the overall facts, the court finds that the prosecution had failed to establish a prima facie case against the accused.
"The accused is hereby discharged and acquitted," she ruled.
Fourteen witnesses had testified during the hearing.
The man was charged with raping the girl in a room at a house in Taman Bukit Kempas in Titi between March 21 and 22, 2019.
He was charged under Section 376(2) of the Penal Code which carries a jail term of up to 30 years and whipping upon conviction.
For the second charge, he allegedly committed carnal intercourse against the order of nature on the victim at the same place and time.
The man was charged under Section 377c of the same legislation which provides a jail term of up to 20 years and whipping upon conviction.
He had claimed trial to the alleged crimes when charged in April 2019.
Goh Hsiao Tung prosecuted while the accused was represented by Haresh Mahadevan and Ramzani Idris.
