KUCHING: A Bangladesh national and a local man were yesterday discharged and acquitted in the Sessions Court of a gang robbery charge.
Delwar Hossain from Bangladesh and Surip Litup from Jalan Stakan appeared before judge Timothy Finlayson Joel who released them after the prosecution failed to a prove prima facie case against them.
The duo allegedly robbed a woman at Everbright Park and took away her cellphone and her handbag containing RM5.
They, together with three persons who are still at large, allegedly robbed the woman about 11pm last Jan 27. This offence comes under Section 395 of the Penal Code which provides for up to seven years’ jail and a fine.
In the ruling, Timothy said that there was material contradiction between the statements given by the defence and prosecution witnesses when testified the case.
Eight witnesses were called to testify during the trial.
The court ordered Surip’s bail to be refunded to him and ordered Delwar to be referred to the Immigration Department for deportation after 14 days upon expiry of an appeal if there is any.
Chief Inspector Carl Patrick Ramesh prosecuted while Osman Ibrahim defended both the accused.