Kota Kinabalu: A 25-year-old man was granted a discharge not amounting to an acquittal (DNAA) from a charge of raping his underage niece.
Sessions Court Judge Amir Shah Amir Hassan issued the DNAA after being informed that the complainant had withdrawn the police report against the man.
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The court was briefed on the new development before the trial began.
Following this, the prosecution informed the court that they had decided to discontinue the proceedings under Section 254 of the Criminal Procedure Code.
The defence raised no objection and applied for the DNAA.
The man was accused of raping the 16-year-old girl at around 11pm in late June 2024 at a house in Tamparuli.
He was charged under Section 376(3) of the Penal Code, which carries a jail term of between eight and 30 years, and at least 10 strokes of whipping upon conviction.
The court also ordered that the bail posted by the man be refunded and the trial dates vacated.
Deputy Public Prosecutor Bryan Francis represented the prosecution, while the man was defended by counsel Sylvester Kuan.
