IPOH: A member of the Royal Malaysian Navy has been acquitted by the Sessions Court here of allegedly committing physical sexual assault and rape of a minor four years ago.
Judge Jean Sharmila Jesudason discharged and acquitted Mohd Muhazzam Shah Abdul Salem, now 40, after ruling the prosecution had failed to establish a prima facie case against him.
“There were inconsistencies and gaps in the prosecution’s case that were not clarified either through police investigations or witness testimony, particularly from the complainant.
This in turn created reasonable doubt. Therefore, the court finds the prosecution has failed to prove a prima facie case against the accused for both charges.
The accused is thus discharged and acquitted without being called to enter his defence under Section 173 of the Criminal Procedure Code,” she said.
She added that the prosecution called six witnesses, including the complainant, the victim’s aunt, the aunt's friend, two doctors from Seri Manjung Hospital, and the investigating officer.
Muhazzam, who served with the Royal Malaysian Navy for 18 years, was charged under Section 376 of the Penal Code for rape and Section 14(a) of the Sexual Offences Against Children Act 2017 for physical sexual assault.
For the first charge, he was accused of groping, kissing, and touching the private parts of the then 17-year-old girl at 11 pm on December 17, 2021.
For the second charge, he was alleged to have raped her on the same date and time.
The trial began in October 2024 and the prosecution closed its case on May 26, 2025.
At the time of the alleged offence, Muhazzam was 36, married with three children, while the complainant was 17.
She was 20 years old and married when she testified in court.
When met outside the court, the man said he was relieved by the ruling.
"I am so thankful for the decision on my case today. I'm truly thankful," he added.
