A three-member Court of Appeal bench chaired by Hadhariah Syed Ismail said they allowed Arfahsyar Ishak’s final appeal against conviction because of material contradictions by the complainant.

“She is not a credible witness due to the material contradictions in her evidence during the trial,” said Hadhariah, who sat with Nordin Hassan and See Mee Chun.

Though convicted by a sessions court in 2017, Arfahsyar was released on bail.

His lawyer, G Ravishankar, also told the court that the alleged victim, now 23, had lodged a police report in 2019 to withdraw her complaint that led police to start the investigation.

“The girl had also sent a text message to my client seeking forgiveness,” he said, adding that the first report was made in hopes Arfahsyar would marry her.

However, he said, the girl had informed a doctor during a medical examination the first report was lodged as Arfahsyar had found a new girlfriend and was not replying to her text messages.

The man was charged with raping the girl, then 15 years and nine months old, at a hotel in Bedong, Kedah, on April 4, 2014.

In 2017, the sessions court sentenced him to 15 years’ jail and ordered him to be given six strokes of the rotan.

However, in 2018, the High Court reduced the jail term to eight years and five strokes following an appeal.

Deputy public prosecutor Fairuz Johari prosecuted.