The High Court in George Town yesterday acquitted and discharged a kindergarten operator who had been sentenced to 20 years jail for raping a four-year-old girl.

Ewe Peng Lip, 49, walked out a free man after winning his appeal, five months after the Sessions Court found him guilty of raping the toddler.

High Court Judge Zamani Abdul Rahim delivered the judgment, which began at 9.15am and lasted over three hours.

He said the prosecution had failed to prove a prima facie case against the accused, ruling that there were many discrepancies and contradictions in the victim’s testimonial and prosecuting evidence.

Zamani said that medical reports found no conclusive proof of penile penetration on the victim and that there was an old half-tear which did not suggest rape.

“Failure to take into account that there was no penile penetration is failure of judgment.

“If no penis was used, how can there be rape?”said Zamani.

Zamani said that the victim’s account of what had happened was “tainted and doubtful, according to her young and imaginative mind”.

He, stressed, however, that he had taken into consideration reports from three doctors who had examined the victim.

Zamani said his decision was made based on fact, not emotion.

“There are no witnesses to testify but the doctors’ reports are instrumental to see if any penetration was present. There is no legal or factual basis to find the accused guilty,” he said.

He said this was the longest judgment he had to make due to public and media scrutiny over rape cases, recently.

Accused looked expressionless

Many would have jumped for joy over a similar decision, but Ewe, clad in a purple shirt and dark pants, looked expressionless when it was passed.

Ewe had been found guilty of rape on March 29, last year and sentenced to 20 years jail and ordered to receive 10 strokes of the rotan by the Sessions Court.

He was accused of raping the girl, who is now eight, at a kindergarten in Bukit Dumbar between 8.10am and noon between January and April 2008.

Zamani added that the prosecution should file an appeal to a higher court.

Ewe was represented by V Sithambaran and Geethan Ram Vincent, while DPP Tan Guat Cheng prosecuted.

- The Malay Mail