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A former secondary school student was acquitted of an alleged gang-rape charge involving a 15-year-old schoolmate in Sabah
According to the New Straits Times, the Tawau Magistrate's Court ruled that the prosecution failed to establish a prima facie case due to a lack of direct evidence.
The accused, who was 17 at the time of the alleged incident, was charged under Section 375B of the Penal Code and Section 34 of the Penal Code.
Both charges carry a jail term of between 10 and 30 years and whipping upon conviction.
According to the charge sheet, the accused, together with another individual who remains at large, allegedly gang-raped the victim at a house on 13 June 2024.
In the ruling, Magistrate Don Stiwin Malanjum said the case relied solely on circumstantial evidence
No direct evidence linked the youth to the incident, and the medical report failed to confirm the perpetrator's identity.
Material contradictions also emerged between the testimony of the teenage victim and the report from 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," Don Stiwin said
Six witnesses testified during the trial before Deputy Public Prosecutor Wildan Firdaus Ahmad Fazly closed the prosecution's case.
The trial, which began on 9 March, saw the prosecution close its case on 14 May.
Represented by lawyer Kamaruddin Mohamad Chinke, the youth expressed gratitude outside the court, thanking his legal representative and saying he was determined to start a new life.
