The High Court on Wednesday acquitted and discharged independent preacher Fathi Na’im of three charges involving the rape and sexual assault of a 13-year-old girl, overturning his conviction by the Sessions Court last year.
Judicial Commissioner Roszianayati Ahmad allowed the appeal filed by Fathi Na’im, whose full name is Muhammad Fathi Na’im Mazlam, and set aside both his conviction and sentence.
The High Court ruled that the Sessions Court had erred by refusing to grant a postponement that would have allowed the appellant to engage legal counsel.
According to the judge, the decision had prejudiced Fathi Na’im, forcing him to conduct his own defence during the trial.
During the appeal proceedings, Fathi Na’im was represented by lawyer Muhammad Fazaly Ali Mohd Ghazali, while the prosecution was led by Deputy Public Prosecutor Mohamad Redza Azhar Rezali.
On Sept 18, 2025, the 34-year-old preacher was sentenced by the Sessions Court to 15 years’ imprisonment and three strokes of the cane after being found guilty of all three charges.
The trial judge had ruled that the defence failed to raise reasonable doubt at the end of the defence case.
According to the first charge, Fathi Na’im was accused of committing physical sexual assault against a 13-year-old girl inside a car at the parking area of Dataran Eco World, Bandar Baru Puncak Alam, in June 2021.
The charge was framed under Section 14(a) of the Sexual Offences Against Children Act 2017, which carries a maximum penalty of 20 years’ imprisonment and whipping upon conviction.
He also faced two rape charges for allegedly raping the same girl in a car at the same location at about 3pm in early July 2021 and 7pm on July 27, 2021.
Those charges were brought under Section 376(1) of the Penal Code, which provides for a prison sentence of up to 20 years and mandatory whipping upon conviction.
