SEREMBAN: The High Court here dismissed the prosecution's appeal against the Sessions Court's decision to discharge and acquit a 51-year-old man accused of raping a child.
The man had been charged with allegedly raping and commiting carnal intercourse against the order of nature on a four-year-old girl his wife was babysitting.
Judge Datuk Rohani Ismail said the court had no reason to disturb the findings of the lower court.
"After having perused 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.
Sessions Court judge Datin Surita Budin had in October last year discharged and acquitted Mohd Zairil Mohd Zain of the alleged crimes 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 crimes 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 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.
When met outside the court later, 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 the accused was represented by Haresh Mahadevan and Ramzani Idris.
