The Supreme Court upholds the acquittal of a man accused of raping a four-year-old girl

SEREMBAN: The Supreme 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 was accused of raping a four-year-old girl his wife was looking after and of committing carnal intercourse against the order of nature.

Justice Datuk Rohani Ismail said the court had no reason to change the lower court’s findings.

“After considering the appeal, the court finds no reason to alter the findings or order of the sessions court. The appeal of the prosecution is hereby dismissed,” she said.

Sessions Court Judge Datin Surita Budin had discharged Mohd Zairil Mohd Zain in October last year and acquitted him of the alleged crimes without calling for his defense at the end of the prosecution case.

She said the prosecution failed to establish a prima facie case against the defendant, who was 46 when the crimes were allegedly committed.

Mohd Zairil was accused of raping the girl between March 21 and 22, 2019 in a room of a house in Taman Bukit Kempas in Titi.

He was charged under Section 376(2) of the Penal Code, which carries a prison sentence of up to 30 years and flogging upon conviction.

In the second count, he is said to have committed carnal sexual intercourse against the order of nature on the victim at the same place and at the same time.

The man was charged under Section 377c of the same law, which carries a prison sentence of up to 20 years and flogging upon conviction.

When he was charged in April 2019, he had requested a trial for the alleged crimes.

At a later meeting outside the court, 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,” he said.

Alauddin Baharom led the prosecution while the accused was represented by Haresh Mahadevan and Ramzani Idris.