No written judgment, man convicted of raping stepchild gets retrial

The Muar High Court has overturned a man's conviction and 20-year prison sentence for raping his stepchild due to the absence of written reasons for the original decision. Judicial Commissioner S Kalyana Kumar ruled that a retrial should be conducted before another sessions court judge, stating that the original trial judge's grounds for judgment were not provided.

The 42-year-old accused was initially found guilty of raping his stepchild at a house in Simpang Renggam on August 8, 2022, and sentenced to 20 years in prison and 10 cane strokes. He appealed to the High Court to overturn the conviction and sentence. The judge noted that the trial judge had retired and did not offer any meaningful oral reasoning, with the records only indicating a brief decision that a prima facie case was proven and the prosecution had met the burden of proof beyond reasonable doubt.

Additionally, the judge pointed out that the trial was heard by two different judges, with the first hearing testimony from the complainant and the second only hearing the investigating officer and defense. The accused was represented by Mandave Singh Gill, while deputy public prosecutor Siti Asmah Zainal Ariffin prosecuted.