Appeals court overturns rape conviction of plantation worker

 

A three-member Court of Appeal bench ruled that 28-year-old Zulkifli Hussin’s rape conviction by the sessions court was not safe. (Pexels pic)

PUTRAJAYA: A 28-year-old plantation worker won his final appeal against a charge of raping an underage girl four years ago due to doubt over DNA samples found on the victim and her clothing.

A three-member Court of Appeal bench, chaired by Justice Hadhariah Syed Ismail, said Zulkifli Hussin’s conviction by the sessions court was not safe as there were four persons, including the appellant’s twin brother, who was said to have raped the girl, who was 14 years old then.

Only the DNA of the other three was found, but not the appellant’s, Hadhariah said.

“There is reasonable doubt raised on the identities of the perpetrators because the appellant has a twin brother, who was present at the crime scene,” said Hadhariah, who sat with Justices Ahmad Zaidi Ibrahim and SM Komathy.

The bench set aside Zukifli’s eight-year jail term and two strokes of the rotan imposed by the trial court on March 1 last year.

The man has been behind bars since June 28, 2019 as he was unable to post bail.

Zulkifli, a father of two, is said to have committed the offence at a house in Kampung Alor Peroi, Kuala Besut, in Terengganu, about 9.50pm on May 10, 2019.

The other three were not charged as police could not locate them.

Defence counsel Harpal Singh had earlier submitted that he had presented evidence that his client was not at the crime scene but this was dismissed by the trial judge.

Deputy public prosecutor P Sarulatha prosecuted. - FMT