Kota Kinabalu: A 23-year-old self-employed was freed from a charge of causing grievous hurt to another man.
Sessions Court Judge Elsie Primus discharged and acquitted Mohamad Sarip Ramli after ruling that the prosecution failed to prove its case beyond reasonable doubt against Mohamad.
Mohamad Sarip was accused of assaulting Mohd Hazrul Migo Masan, 29, using a Samurai at 5am on Oct 1, 2021 in front of Marina Court, along Jalan Tun Fuad Stephen, here.
The charge stated that he allegedly committed the offence together with three accomplices still at large.
The offence under Section 326 of the Penal Code carries a jail term of up to 20 years, and liable to a fine or with whipping, on conviction.
Seven prosecution and three defence witnesses testified during the hearing.
The court ordered the bail to be refunded.
Deputy Public Prosecutor Tham Pou Jin conducted the prosecution while counsel Farazwin Hexdy defended Mohamad.
Meanwhile, the High Court here will deliver its decision on April 25 on the appeal by a 32-year-old man against his conviction and sentence for rape.
Judicial Commissioner Maslinda @ Linda Mohd Ainal fixed the date for Shahreyan Syah Lagayu after hearing his appeal and submission from the prosecution as respondent on Wednesday.
Shahreyan was on Dec 6, 2022 sentenced to 12 years and ordered to receive two lashes of the cane by the Sessions Court which found him guilty after a full trial.
Shahreyan was convicted of raping the 16-year-old girl in a car at the Likas Sport Complex, here, between 10pm and 11.59pm on Nov 10, 2019.
The charge under Section 376(1) of the Penal Code provides for a jail term of up to 20 years, and whipping, on conviction.
Shahreyan was ordered to serve the jail sentence from the date of his arrest on Dec 24, 2019 and to be placed under police supervision for two years after completing his jail sentence.
He was represented by counsel Mohd Fadzil Abd Karim while Deputy Public Prosecutor Rustam Sanip for the prosecution.
