KOTA KINABALU: A local kitchen helper was acquitted and discharged by the Sessions Court yesterday from a charge of raping his girlfriend.
Judge Caroline Bee Majanil freed Madhri Abdul Bidin, 21, after the victim withdrew her police report and expressed her wish not to pursue with the case anymore.
The prosecution told the court that since the victim, who was present in court, had withdrawn her report, they were devoid of evidence to be adduced in the trial that was supposed to have commenced yesterday.
The undefended Madhri was accused of raping his 15-year-old lover at a house in a village in Kinarut on June 13.
The offence was framed under Section 376 (1) of the Penal Code which carries a maximum jail of 20 years and also liable to whipping upon conviction.
Meanwhile, Majanil also freed a foreigner from a charge of possessing syabu yesterday.
In a reserved judgment, Majanil acquitted and discharged Rudy Muhammad, 27, after she ruled that the defence had cast doubt on the prosecution’s case.
Rudy was alleged to have in his possession 37.64 grams of syabu at the roadside near the Kinarut temporary settlement scheme in Papar on October 30, 2011.
He was charged under Section 39A (2) (r) of the Dangerous Drugs Act 1952, which carries a life imprisonment or a term of not less than five years and also liable to whipping, upon conviction.
The prosecution had produced four witnesses to testify against the man since the trial commenced on June 11 this year and on July 23 this year the court ruled that the prosecution had established a prima facie case against Rudy and ordered him to enter his defence on August 7 this year.
The defence called three witnesses, including Rudy, to testify.
Counsels Nelson W. Angang and Chua Kuan E represented Rudy.