Appeals court acquits Da’i Syed of rape charge

Celebrity preacher Syed Shah Iqmal Syed Shaiful, known as Da’i Syed, was acquitted by the Court of Appeal today of raping a woman seven years ago.

The decision was reached by a 2-1 majority, with Justices Azman Abdullah, who chaired the panel, and Radzi Abdul Hamid ruling in favour of Syed Shah Iqmal’s appeal.

Justice Meor Hashimi Abdul Hamid dissented.

Reading the majority decision, Azman said the defence succeeded in raising reasonable doubt.

“The appellant’s conviction is unsafe. The appeal is allowed and the 10-year jail sentence and three strokes of the cane imposed by the High Court are set aside.”

Azman said the sessions court and High Court seriously misdirected themselves in finding the appellant guilty.

He said the victim’s conduct was inconsistent with that of a rape victim, noting that she did not attempt to leave after the incident but instead spent the night at the appellant’s house.

He also noted that the victim sent the appellant a message after their meeting, asking to see him again, and only lodged a police report 441 days after the incident.

The majority panel noted the defence’s submissions on the victim’s demeanour before, during, and after the incident, which showed that the sexual intercourse happened with consent.

On Dec 10, 2020, Syed Shah Iqmal claimed trial to raping a 23-year-old woman at a room in a condominium in I-City, Section 7, Shah Alam, at about 1.35am on Sept 11, 2019.

The charge was framed under Section 376(1) of the Penal Code, which provides for a maximum jail term of 20 years and whipping, upon conviction.

On April 10, 2023, the Shah Alam sessions court acquitted and discharged Syed Shah Iqmal after finding that the prosecution failed to establish a prima facie case against him at the close of its case.

However, the Shah Alam High Court subsequently allowed the prosecution’s appeal and ordered him to enter his defence.

On Aug 30, 2024, sessions court judge Adlin Abdul Majid sentenced Syed Shah Iqmal to 10 years in prison and three strokes of the cane. He was ordered to begin serving his sentence immediately.

After spending 21 days at Kajang prison, Syed Shah Iqmal was granted temporary release by the High Court pending the hearing of his appeal against his conviction and sentence.

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