IPOH: A navy personnel has been acquitted of rape charges and sexually assaulting a minor four years ago after the Sessions Court ruled that the prosecution failed to establish a prima facie case.
Judge Jean Sharmila Jesudason discharged and acquitted Mohd Muhazzam Shah Abdul Salem, 40, saying there were inconsistencies and gaps in the prosecution’s case that were not clarified during investigations or through witness testimony.
“This created reasonable doubt. Therefore, the court finds that 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.
The prosecution had called six witnesses: the complainant, her aunt, the aunt’s friend, two doctors from Hospital Seri Manjung and the investigating officer.
Mohd Muhazzam, who served in the Royal Malaysian Navy for 18 years, was accused of groping, kissing and touching the private parts of a then 17-year-old girl at about 11pm on Dec 17, 2021.
He was also charged with raping her on the same date.
The trial began in October 2024, and the prosecution closed its case on May 26 this year.
At the time of the alleged offence, Mohd Muhazzam was 36, married, with three children.
The complainant was 20 and married when she testified.
When met outside the courtroom, Mohd Muhazzam said he was relieved.
“I am so thankful for the decision on my case today. I’m truly grateful,” he said.
