The man had been convicted in 2021 and sentenced by the sessions court to eight years in prison and ordered to be whipped 10 times.

He was alleged to have rubbed his stepdaughter’s back, and kissed and licked her neck without her consent at a house in Kampung Air Kuning on May 25, 2018.

Allowing the appeal, Justice K Muniandy held that the charge against the man was “flawed” as it only disclosed the offence of outraging his alleged victim’s modesty.

The court also said the offence of “attempted rape” has not been defined under Malaysian law.

“His trial proceeded until its conclusion, premised on the flawed charge,” Muniandy said.

“Both the prosecution and sessions court did not realise the material and fundamental error in the charge on the offence stated and the requisite particulars to be detailed in the charge.

“There was also no attempt made by the prosecution and court to amend it. With that, a failure of justice has occasioned, which is incurable.”

He also noted that the man had “endured an unfair trial” because he did not know whether he was being charged for outraging his stepdaughter’s modesty or for attempted rape.

“Thus, he has been prejudiced, which led to a failure of justice,” he said.

During the trial, the lower court was told that the man had rubbed his stepdaughter’s back and attempted to rape her, but that she struggled and kicked him away.

The girl also said she called her adopted brother to tell him about the incident, which led the adopted brother punching the accused in his face.

The man, however, told the court it was his stepdaughter who had asked him to rub her back, claiming that she was in pain. He initially refused, but agreed after she pleaded with him.

He said the adopted brother had punched him in the face, and that shortly after the incident, both the stepdaughter and her adopted brother told him to leave the house and to divorce her mother.

He also said the duo had harboured ill feelings towards him because he did not contribute to the family financially but depended entirely on his wife.

Muniandy said the man’s defence was not an afterthought. He said the lower court had failed to consider the circumstances surrounding the alleged incident.

“The accused was in the room with the stepdaughter for around two minutes, but she said she struggled for about five minutes before her adopted brother arrived.

“The adopted brother’s swift appearance at the house was dubious.

“It goes to show this episode in its entirety may have been orchestrated to remove the accused out of the house,” he said.