Prosecution awaiting AGC's further instructions on Da'i Syed case

Deputy public prosecutor P. Vitiya Monisha informed that Sessions Court Judge Jamaludin Mat that the complainant had withdrawn the police report lodged against the accused.

"However, further instructions on the matter have not been received from the headquarters (Attorney-General's Chambers). Therefore I request that another date be set within a month," said Vitiya Monisha.

On April 20, the court postponed the trial of Syed Shah Iqmal after the witness, who is also the victim in the case, did not show up for the proceedings.

On Dec 10 last year, Syed Shah Iqmal, 26, pleaded not guilty to committing unnatural sex and outraging the modesty of a 22-year-old private college student at his rented house in Damansara Perdana here, between 3 am and 4 am on Oct 17, 2020.

He was charged under Section 377B of the Penal Code which provides for a maximum 20-year jail term and whipping, upon conviction.

Syed Shah Iqmal was also charged in the Magistrate's Court here with using criminal force on the same woman with intent to outrage her modesty at the same place and date.

The charge, under Section 354 of the Penal Code, provides imprisonment for up to 10 years, or fine or whipping, or any two of the punishments, upon conviction.

Meanwhile, lawyer Syed Amirul Syed Edros representing Syed Shah Iqmal, when met by reporters said although the complainant had withdrawn the police report, the prosecution still had the power to file the charges against his client.

"The case can still be heard because the prosecution can apply for a subpoena and an arrest warrant to be issued for witnesses to appear in court to testify.

"Whether the prosecution will proceed with the case or not, we are prepared for both situations," said the lawyer.