A former secondary school student has been acquitted and discharged by the Magistrate’s Court after the prosecution failed to establish a prima facie case in a gang rape trial involving a 15-year-old schoolmate.
Magistrate Don Stiwin Malanjum ruled that the prosecution had not presented sufficient evidence to require the accused, who was 17 at the time of the alleged offence, to enter his defence.
In delivering the judgment, the magistrate said the prosecution’s case relied solely on circumstantial evidence and lacked any direct proof linking the accused to the alleged crime.
He also noted that the victim’s medical report did not identify the perpetrator and highlighted material inconsistencies between the victim’s testimony and the report prepared by the Children’s Advocacy Centre.
“The court finds it unsafe to call the accused to enter his defence. Therefore, the court orders the accused to be acquitted and discharged of the amended charge,” he said.
According to the amended charge, the accused and another individual, who remains at large, were alleged to have gang-raped the victim at a house on June 13, 2024.
The charge was brought under Section 375B of the Penal Code, read together with Section 34 of the Penal Code, which carries a penalty of between 10 and 30 years’ imprisonment, as well as whipping, upon conviction.
The trial began on March 9, during which six prosecution witnesses testified before the prosecution closed its case on May 14.
The prosecution was led by Deputy Public Prosecutor Wildan Firdaus Ahmad Fazly, while the accused was represented by lawyer Kamaruddin Mohamad Chinke.
Speaking to reporters outside the courtroom, the former student expressed gratitude over the court’s decision, thanked his lawyer for the legal representation, and said he was determined to move forward and rebuild his life.
