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In a recent ruling, the High Court in Malaysia overturned the rape conviction of a 31-year-old man, acquitting him of charges related to the alleged rape of his 16-year-old hearing-impaired relative. Judicial Commissioner Kuldeep Kumar Jamna Dass determined that the prosecution had not provided sufficient evidence to prove beyond reasonable doubt that penile penetration had occurred, a key element of the offence under Section 376(3) of the Penal Code.

The court found that the victim's medical report was unclear about the occurrence of penetration, and the victim's understanding of the term rape was not adequately explored during questioning. Consequently, the conviction against the appellant is deemed unsafe and cannot be sustained, leading to the man's acquittal and discharge.

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