Man accused of raping minor discharged and acquitted
SEREMBAN: The High Court has dismissed the prosecution’s appeal against a lower court’s decision that discharged and acquitted a 51-year-old man of sexual offences against a four-year-old girl his wife was babysitting.

Judge Rohani Ismail said the court had no reason to disturb the findings of the Sessions Court.

“After perusing the appeal, the court sees no reason to change the findings or the decision of the Sessions Court. The prosecution’s appeal is hereby dismissed,” she said here yesterday.

In October last year, Sessions Court judge Surita Budin discharged and acquitted Mohd Zairil Mohd Zain, a pipe fitter, of the charges of raping and committing carnal intercourse against the order of nature on the child without calling for his defence at the end of the prosecution’s case.

She said the prosecution had failed to establish a prima facie case against the accused, who was 46 when the offences were allegedly committed.

Mohd Zairil 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 Code, which provides for a jail term of up to 20 years and whipping, upon conviction.

He had claimed trial when charged in April 2019.

When met outside the court, Mohd Zairil, who was accompanied by his wife, thanked the court for the decision.

“I would also like to thank the Almighty and my lawyers as my name has been cleared again,” he said.

Alauddin Baharom prosecuted while Mohd Zairil was represented by Haresh Mahadevan and Ramzani Idris.
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SEREMBAN: The High Court has dismissed the prosecution’s appeal against a lower court’s decision that discharged and acquitted a 51-year-old man of sexual offences against a four-year-old girl his wife was babysitting.