Preacher Fathi Na’im has been acquitted and discharged by the Sessions Court here today of a rape charge involving a 14-year-old girl at a hotel five years ago.
Judge Tasnim Abu Bakar made the decision after finding that the prosecution had failed to establish a prima facie case at the end of its case.
In her judgment, the court said the testimony of the third prosecution witness, the complainant, was found to be unreliable during impeachment proceedings, where her credibility was challenged by the defence.
As a result, the court ruled that the prosecution had failed to prove its case, leading to the accused being freed from the charge.
According to the charge, Fathi Na’im, whose real name is Muhammad Fathi Na’im Mazlam, 34, was accused of raping the victim at a hotel in Jalan Imbi, Bukit Bintang, between 2am and 10am on December 3, 2021.
The case was prosecuted under Section 375(g) of the Penal Code, punishable under Section 376(1), which provides for imprisonment of up to 20 years and whipping.
The prosecution was conducted by Deputy Public Prosecutor Siti Pervinah Mohd Yusoff, while the accused was represented by lawyer Muhammad Ashraff Mohd Diah.
It is noted that the victim in this case is the same individual involved in proceedings at the Klang Sessions Court.
Previously, on September 18 last year, Fathi Na’im was sentenced by the Klang Sessions Court to 15 years’ imprisonment and three strokes of the cane for three rape and sexual assault charges involving the same victim.
However, he was granted a stay of execution pending appeal at the High Court.
Despite today’s acquittal, he still faces six other sexual charges involving the same complainant.
