Da'i Syed freed on two criminal sexual charges

Judge Jamaludin Mat made the ruling after allowing the defence's application to free Syed Shah Iqmal, 27, on both the charges.

"The accused is acquitted and discharged in accordance with Section 254 (3) of the Criminal Procedure Code for both cases and bail (of RM25,000) is returned," he said.

On Dec 10, 2020, Syed Shah Iqmal pleaded not guilty to a charge of having unnatural intercourse with the woman, then aged 22, at his rented house at Damansara Perdana here, between 3 am to 4 am on Oct 17, 2020.

He was charged under Section 377B of the Penal Code which provides an imprisonment for up to 20 years as well as whipping, upon conviction.

On the charge with using criminal force on the woman with intent to outrage her modesty at the same place and date, it was framed under Section 354 of the Penal Code, which provides an imprisonment for up to 10 years, or fine, or whipping, or any two of the punishments, if found guilty.

Earlier, deputy public prosecutor Norhashimah Hashim told the court that she had applied for Syed Shah Iqmal to be discharged not amounting to an acquittal (DNAA) on both the charges.

She said the application was made in accordance with Section 254 (2) of the Criminal Procedure Code.

"After examining the case, the prosecution applied for a DNAA order, as among others, the complainant in this case suffered from serious depression to an extent of injuring herself several times and making death wishes," she said. adding that the prosecution could still proceed with the case even if the complainant withdrew the police report.

"The complainant or victim did not appear in court to take her oath to testify regarding the withdrawn police report. In this case, it is the prosecution that is applying for the DNAA after taking into account the complainant's health condition," she said.

According to Norhashimah, the DNAA order will not prejudice the accused as long as he is not proven guilty and there was no need for him to feel burdened, being that he has been released on bail by the court previously.

Lawyer Syed Amirul Syed Edros, representing Syed Shah Iqmal, applied for his client to be acquitted and discharged from the two charges as the defence believed the complainant did not intend to pursue the case and would only focus on the complainant's oral evidence.

"On grounds the complainant is suffering from depression and is in a bad state to testify is a shaky reason. It is apt to sympathise, but the court has fixed the dates 13 times, including for mention, but the complainant herself withdrew the report in December last year."

"This shows that the complainant is not interested in pursuing the case. The basic police report was withdrawn by the complainant voluntarily without coercion or the existence of an element of bribery," said the lawyer.

Syed Amirul said the investigation was conducted based on the complainant's police report, which led to his client to be charged in court on Dec 10, 2020.

"This means that the case has been going on for 538 days since the accused was charged, but today the prosecution informed that it does not intend to continue the case.

"In this regard, the defence is seeking a 'decision' from the court to prevent the case from continuing to be on hold and Syed Shah Iqmal can be charged at any time," he said.