A woman who was charged with slicing off her husband's penis in an incident last January was given a discharge not amounting to an acquittal by the Sessions Court here today.
Fatimah Abdullah, 51, was given a discharge after the prosecution failed to bring the complainant, Umar Rahman, 44, who is the woman's husband, to testify in court.
Judge Nariman Badruddin made the decision after the prosecution also failed to confirm when the man, who is said to be in Pakistan, would return to Malaysia.
Earlier, deputy public prosecutor Rahimah Abd Majid appealed to the court to allow the trial to proceed by questioning other witnesses, including two medical doctors.
However, Umar's counsel, J. Gunamalar objected on ground that the absence of the complainant, who is also the sole witness of the case, would cause the charge against Fatimah to be baseless.
Gunamalar then appealed to the court for the woman to be discharged under Section 173(g) of the Criminal Procedure Code.
Fatimah was charged with causing grievous injury to her husband, who is a Pakistan national, using a knife, which could lead to death, at 1.20 am at Jalan Beringin 3, Batu Kikir, near here on Jan 20.
She was charged under Section 326 of the Penal Code, which carries a maximum jail term of 20 years, fine and whipping, if convicted.
Bernama
Mon Sep 19 2016
Fatimah Abdullah, 51, was given a discharge after the prosecution failed to bring the complainant, Umar Rahman, 44, who is the woman's husband, to testify in court.
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