KUCHING: A former soldier, who is facing two charges for statutory rape and one for carnal intercourse against the order of nature without consent, entered his defence in the Sessions Court here yesterday.
Mohammad Shahid Muhammad, 27, appeared before Judge Timothy Finlayson Joel who, prior to that, ruled the prosecution had proven a prima facie case.
Among others, counsel Abdul Rahman Mohd Hazmi applied to the court to re-call the same doctor who had examined the girl to testify again during the defence.
He argued that DNA found in the lower part of the girl’s vagina, as per her medical report, could have been transferred from the towel that they shared.
The case was adjourned to Jan 24 for continuation of the hearing.
Mohammad Shahid, who hails from Kuala Lumpur, allegedly committed the offence on the 17-year-old girl between 12.30am and 1am, and again at 9.30am, on May 30, 2014.
He is also accused of committing carnal intercourse against the order of nature without consent on the same girl on the same day between 12.30am and 1am.
Rape, under Section 376 of the Penal Code, provides for an imprisonment term up to 20 years and whipping upon conviction. Carnal intercourse, under Section 377C of the Penal Code, carries an imprisonment term up to five years and whipping.