In allowing the appeal by Raihan Islam Babul and Mokbul, judge Azmi Abdullah said the prosecution failed to prove that the appellants had a common intention to commit the crime.

Two years ago, the sessions court here sentenced Raihan and Mokbul to eight years in jail each after they were found guilty of exploiting a 23-year-old Bangladeshi woman for sexual activities with other men in 2019.

They were also ordered to pay RM5,000 in compensation to the victim.

“This failure to determine common intention is fatal to the prosecution’s case,” the judge said.

Azmi said there were also material contradictions between the testimonies of the victim and two medical doctors.

The judge said the victim in her testimony revealed the two accused had forced her to take part in sexual activities.

“However, medical evidence revealed she did not suffer injuries on her body or her private parts,” the judge added.

Dr Hazira Syazana Azmi did a physical examination while Dr Thow Sun Ta only found an old tear in her private parts.

The offence, under Section 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, was said to have taken place between April and September 2019 at Kampung Baru Subang in Petaling district.

Lawyers Harpal Singh and Nadia Syza Rahizan represented Mokbul while Afifuddin Ahmad Hafifi and Amirul Jamaluddin appeared for Raihan. Deputy public prosecutor Safarizal Zakaria appeared for the prosecution.