A three-man appellate court bench, chaired by Justice Zakaria Sam allowed the prosecution’s appeal to set aside Wan Ahmed Qayyum Abdul Aziz’s acquittal for the offence and substituted it with a conviction.
Justice Zakaria held that the prosecution’s appeal had merits.
Presiding with him were Justices Ahmadi Asnawi and Kamardin Hashim.
Wan Ahmed Qayyum, who just completed his studies in the electrical field, was accused of raping the then 13-year-old girl behind the edge of a drain at Taman Angsana Mantin in Nilai, Negeri Sembilan, at 1.20am on Aug 26, 2012.
He was acquitted and discharged by the Sessions Court on April 18, 2015, and the High Court upheld his acquittal on March 9, last year.
Deputy public prosecutor Faizah Mohd Salleh argued the Sessions Court judge had erred in ruling that the prosecution failed to provide the element of penetration.
She said the victim was sure there was penetration.
She said Wan Ahmed Qayyum took the opportunity to rape the girl who regarded him as her adopted brother.
The Sessions Court judge had held that Wan Ahmed Qayyum’s testimony that he inserted his finger in the victim’s private part was reliable and there was no supporting evidence to show that the victim was raped.
Wan Ahmed Qayyum’s lawyer Azizul Shariman Mat Yusof submitted the victim could not be trusted as she gave three versions of what had happened.
He said it was consensual and that his client could not be faulted 100% because it was the victim who had asked Wan Ahmed Qayyum to meet her at the place.