A security guard who was charged with raping his girlfriend's younger sister in June last year heaved a sigh of relief after the Sessions Court in Kuala Lumpur today acquitted and discharged him.

Sessions Court judge M Kunasundary made the decision on Muhammad Syahir Naim Ramli, 21, after finding that the prosecution had failed to prove a prima facie case at the end of the prosecution case.

In her judgment, Kunasundary said the victim's statement in court was unclear and not consistent with the police report she had lodged.

"The court finds that the credibility of the victim is questionable because of many contradictions with the police report, the main evidence in court and the cross-examination.

"In addition, the deoxyribonucleic acid (DNA) test of the accused which was found in the house, the scene of the alleged incident, was also not evidence that can convict the accused because there are some people (men) in the house who bring in their girlfriends. The court acquitted the accused without his defence being called," she said.

Syahir Naim Muhammad, wearing a collared T-shirt, a red jacket and blue jeans wept and hugged his father, who was in the public gallery shortly after the court read the verdict.

On June 23, the accused pleaded not guilty to raping a 14-year-old teenager in a room in a house in Jalan 9/56, Ulu Klang here at 12.30 am, on May 16.

He was charged under Section 376 (1) of the Penal Code which provided a maximum prison sentence of 20 years and liable to whipping of not less than 10 strokes.

A total of 11 prosecution witnesses were called to testify at the trial of the case, which began in September last year.

Deputy public prosecutor Mohd Liyana Zawani prosecuted while the accused was represented by counsel SS Seelan.

- Bernama