KUCHING: A man accused of raping a 19-year-old girl was released when the Sessions Court here found no element to prove he committed the offence, saying that the front passenger seat of the car was too small for the act.
Sessions Court judge Dayang Ellyn Narisa Abang Ahmad, in making the decision for the case that allegedly happened in a Perodua Viva on Sept 14 last year, decided that it was impossible for the accused, 20, to have committed the rape because the space at the front of the Viva was too small and narrow.
The judge also said the victim could have also opened the door of the car from the inside manually, even if it was locked.
The accused was released without being called to defend himself after the prosecution failed to prove the charge.
The accused was charged under Section 376 (1) of the Penal Code for rape and could have faced up to 20 years in jail and whipping upon conviction.
Deputy Public Prosecutor Ruthra Raj prosecuted while counsel Abdul Rahman Mohd Hazmi and Christopher Bada represented the accused.