Kota Kinabalu: A 59-year-old self-employed was freed without his defence being called on two counts of raping his niece.
Sessions Court Judge Elsie Primus made the decision at the end of prosecution case, after ruling that the prosecution failed to establish a prima facie case.
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On the first count, the man was accused of raping the nine-year-old girl at 2.20pm in November 2018 at a house in Kota Belud.
On the second count, he allegedly raped the same girl at 2pm on March 7, 2019 at the same place.
He was charged under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years, and whipping, on conviction.
The prosecution called 10 witnesses during the hearing.
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Deputy Public Prosecutor Suriyati Jumain conducted the prosecution while counsel Hamid Ismail defended the man.
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