By V. Anbalagan

PUTRAJAYA: A grandfather has won an appeal against his conviction on a rape charge, 16 years after being charged with the offence.

Court of Appeal judge Datuk James Foong, who sat with Datuk Raus Sharif and Datuk Abu Samah Nordin, in delivering an unanimous decision, said the prosecution had failed to prove a prima facie case.

Foong said the victim was about 15 when the incident occurred and therefore was in a position to know what happened to her.

"There was absence of a complaint that she was raped, until almost six months after the incident, and this was only upon discovery by her father."

Foong said there was also absence of cogent evidence to corroborate that it was the appellant who had raped her.

"The paternity test adduced as evidence, in our opinion, is weak and inconclusive to connect the appellant to the offence."

Foong said the doctor, in her report, concluded that it was only a possibility that the appellant, now 78, fathered the child of the girl.

He said an elderly man could not be implicated in rape just because he was not impotent. "The victim testified that she had sex with the appellant but this must be corroborated with other evidence."

The appellant, who was unrepresented, did not make any submission but denied raping the girl when Foong questioned him.

The man, a former estate mandor, was charged in the Sessions Court in Seremban with committing the offence at an estate quarters in August 1992.

Six years later, he was found guilty and was sentenced to 12 years' jail but was given bail pending his appeal to the High Court.

In January 2000, the High Court dismissed the man's appeal.

He then appealed to the Court of Appeal and remained free on bail although the amount was raised to RM50,000.

Evidence revealed that the girl gave birth to a boy.