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Withdrawal charge for a molested case

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asked on Dec 12, 2016 at 19:22
by   MKJ4491
edited on Dec 27, 2016 at 09:12
 
Incident happen in November 2015. Police report was made in May 2016. 6 year old girl was raped (before medical check up) by her 12 year old cousin. Investigation case was open by the police. Victim was call in for medical check up. After checking there was no physical abuse/vaginal bleeding. Doctors report stated that it's not a raped case but victim was molested. Victim when for audio & video statement by the police (CIC) who specialize in under age cases. The statement report came out positive. Suggestion by the police upon handing over the case file to Timbalan Pendakwaraya Office was to charge the suspect under section 354 (Cabul). After 3 months of investigations. Finally the file goes to Timbalan Pendakwaraya. In September 2016 after case file reviewed by the TP they decide that "Tiada Keterangan Yang Kukuh Untuk Membuktikan Kes Terhadap Tertuduh"

I send a personal email to Pengarah Pendakwaraya Negeri to review this case again (base on the highlighted points above). To my surprised he replied my email. He will get the file to be reviewed again. After reviewing the files he instruct the Police to open back the case & investigation. Police again call in witnesses and parents of victim and suspect for statements. Again upon handing over the case file back to PPN the police still suggest that the the suspects to be charge under section 354 (Cabul).

Early October 2016 after PPN reviewed the file again and he instructed the police to charge the suspect. In his own words "Saya telah keluarkan arahan kepada pihak polis supaya menuduh suspek Dibawah Seksyen 354 Kanun Keseksaan" The police issued me a letter 'Keputusan Penyiasatan Kes' stating that "Suspek Dituduh Dibawah Seksyen 354 Kanun Keseksaan). But to date the Police have yet to get the suspect for the pertuduhan. Numerous follow up call to the police to do so. But there's always excuses that the suspect parents requested that to give them time. Why the delay? Why is the police listening to the suspect family? After a few harsh call to the Police, the Inspecting Officer finally told me that the file has been call back again for reviewed. Huhh?? After almost 2 months!? They should have charge the suspect as soon as the instruction by the PPN given. Why are the Police dragging this Pertuduhan?  

I tried emailing the PPN on what was going on but he did not replied. Only on 1st December 2016 he replied that "keluarga suspek telah mengemukakan rayuan ke bahagian Pendakwaan, Jabatan Peguam Negara Putrajaya supaya keputusan menuduh dikaji semula"

Something is just not right going on here. Was told that the suspect family is using their cable from the very start to interfere with the case/investigations. 
Sorry for the long story introduction. Can the Pertuduhan ditarik balik? On what cause? Would any of you agree with me that something fishy is going on here? What can I do? What should be my next move? Appreciate the advice and answer.
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6 Answers

answered on Dec 12, 2016 at 20:17
by   IgnoreMe
Why is that a 6 year old child is left unattended?
whose fault?
Parents (both sides)?
Or the 12 boy?
Children involved evolved from single parent?

Was told that the suspect family is using their cable from the very start to interfere with the case/investigations.
You have the right to pursue
The other party have equal rights to rayu

Why is a 7 year old little girl subjected to so many "investigations"

The long term trauma and stigma from the investigations is far more entrenched than the penetration (if any) and molestation (if any).

There is possible negligence from both the parents.

Charge all the parents involved..!!
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answered on Dec 12, 2016 at 23:44
by   MKJ4491
Parents of the victim are divorced & in the midst of fighting custody for the children (3 of them). Temporary custody was given to the father (all 3 of them). When the incident happened it was their mother's turn to have them. On the day children were playing in the TV room with their cousins. Mother & suspect mother were at the kitchen. Suspect ask the victims brother to get out of the room. He lock the door from inside while victim was lying down watching tv. He went beside her & took of his pants, took of hers & penetrated. Lasted few minutes. In pain & in tears she told suspect wanted to go toilet. He let's her out of the room. She ran to the kitchen & told the mother & aunty what happened. Aunty when & chase his son & scolded him. The mother did not do anything. What she did was told the children to keep it as a secret. Don't let the father know bout what has happened. Coz father may not let children goes there anymore.
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answered on Dec 13, 2016 at 02:03
by   Forensics
You should be the father of the victim.

Try not to use this incident to denied custody of the children to the mother.
There are 2 other children.
Mistakes are made by the divorce esp when there are 3 children.
It does not mean that the parent who has full custody, when the child reaches adulthood, will stay with that parent.
Past records indicates that the grownup child will leave any home and to leave to live on their own.

With this incident, you can push for limited access for the mother.
It is already a WIN for the father.
To subject a 6/7 girl to further "investigations" is trauma for her.
She is big enough to know certain things and can be affected emotionally.

The mother did not do anything.
What do you expect her to do? Kill the boy?

Aunty when & chase his son & scolded him.
Something was done.

took of his pants, took of hers & penetrated.
No penetration. 
Doctors report stated that it's not a raped case but victim was molested.

Funny
Incident happen in November 2015. 
Police report was made in May 2016.
When was the hospital examination?
Why was the report made after 5 months?
When was the divorce initiated? 
When was the decri nisi granted?
Why was the father given temporary custody after the divorce?

The head does not match the tail..!!
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answered on Dec 13, 2016 at 16:09
by   jeff005
edited Dec 13, 2016 at 16:15
by   jeff005
@ MKJ4491

Not advice, not answers but personal opinions.

Can the Pertuduhan ditarik balik?
No..

Would any of you agree with me that something fishy is going on here?
Not necessary fishy due to legal constrains when it happened that the perpetrator is a minor.

What can I do?
Send the child for professional counseling if she shows signs of emotional distress.
(can also be because of parents divorcing)

What should be my next move?
Calm down and be rational and do as suggested above.

They should have charge the suspect as soon as the instruction by the PPN given
What do you think that the type of penalties that can be meted out for this situation on your ex nephew?
What justice do you think is suitable, in your eyes?., in the eyes of the laws?
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answered on Dec 15, 2016 at 03:22
by   vkpc
Can the Pertuduhan ditarik balik?
It was only a recommendation to charge the boy, of course it can be withdrawn.
Even if the boy has been charged in Court,
the Attorney General has the power to withdraw the charge anytime.

What can I do? What should be my next move?
You should let it go.  Your actions are hurting your children.
A person who is less than 18 years old ( a minor )
normally cannot be charged as an adult unless in exceptional cases.
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answered on Dec 20, 2016 at 15:33
by   MKJ4491
Thank you guys for all the answers, advice & opinion. Appreciate it.
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