PUTRAJAYA: The Court of Appeal today acquitted three men of rape, gang rape and forcing a 20-year-old girl to perform oral sex on them five years ago.
A three-member bench chaired by Justice Hanipah Farikullah alongside Hadhariah Syed Ismail and Azmi Ariffin said the victim had consented to the acts, based on evidence from witnesses during the trial.
“The benefit of the doubt must be given to the appellants,” Hanipah said in allowing the appeal by Zulhusni Shoeb, 28, Nurluqman Hanif Norhisam, 26, and Amer Redzuan Tahir, 24.
The three had been in prison since the day of their arrest by the police on March 2, 2018.
They were accused of committing the offences between 9pm and 11pm at a house in Taman Pandan, Ampang, Selangor on Feb 28, 2018.
On Dec 12, 2019, the Ampang sessions court found Zulhusni, Nurluqman and Amer guilty. It sentenced Zulhusni and Nurluqman to 16 years each in prison while Amer was to serve 14 years.
Zulhusni and Nurluqman were also ordered to be given two strokes of the rotan, while Amer was to be whipped once.
All three were also ordered to be jailed for another 10 years and given two strokes of the rotan for carnal intercourse against the order of nature.
The trial judge ordered the sentences to run concurrently.
Lawyers Syahrul Syazwan Salehin and Ivan Teng represented Zulhusni and Nurluqman, while Ameerul Aizat Noor Haslan appeared for Amer.
Deputy public prosecutor Khairul Aisamuddin Abdul Rahman appeared for the prosecution. - FMT
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