IPOH: A former madrasah teacher and warden has been freed of two physical sexual assault charges by the Sessions Court here.
Judge Jean Sharmila Jesudason discharged and acquitted Muhammad Ikbal Izzuddin Abd Rahim, 29, on Thursday (Sept 18) after ruling that the prosecution had failed to establish a prima facie case against him.
In her judgment, she said the court had found contradictions, inconsistencies and gaps in the prosecution’s case that were not clarified either through police investigations or witness testimony.
"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 amended 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 10 witnesses, including the complainant and the alleged victim’s mother, an ustaz, two individuals from the madrasah, as well as the investigating officer, during its case.
The judge also ordered the bail amount to be returned to Ikbal Izzuddin.
He was charged under Sections 14(a) and 14(d) of the Sexual Offences Against Children Act 2017, read together with Section 16 of the same Act.
The amended charges alleged two instances of physical sexual assault against a then 13-year-old boy in a male dormitory at around 3am, sometime in February 2020.
