The judge of Dekkhina District Court yesterday discharged suspect Aung Gyi accused of raping a young child at Wisdom Hill Nursery School in Nay Pyi Taw.
At 13th court hearings, suspect Aung Gyi was discharged by the court according to Section 253 (2) of the Code of Criminal Procedure after the court questioned the plaintiff witness nursery school teacher Hnin Nu.
During the court trial, Judge Tint Lwin said: “According to the testimonies of plaintiff and plaintiff witnesses, Aung Gyi is not the one who committed the case. You are not involved in the case. You are discharged.”
Lawyer Khin Maung Zaw representing suspect Aung Gyi said: “He is not assumed to be involved in the case after the court examined important witnesses. He is released as he is not found guilty according to the prima facie evidence. The judge’s discharge is in conformity with the law. He is discharged before the court examines the remaining plaintiff witnesses.”
The organization who prosecuted the suspect and legal officers can lodge a complaint about it at Mandalay Region Court. The case will be reexamined if Mandalay Region Court recommends that the suspect should not be released. The accused was detained in prison for more than six months, under Section 376 of the Code of Criminal Procedures. His losses should be taken into account. He cannot sleep well as he feels sympathy for the Victoria and her parents, Lawyer Khin Maung Zaw added.
Aung Gyi told the media: “I cannot sleep well in the prison. Because I felt stressed that I might be penalized. This is the truth from my heart. I am really happy with my release. I would like to thank U Khin Maung Zaw and other lawyers. He saved my life. I also thank all the people.”
Lawyer Sudarli Aung representing Aung Gyi said: “This is my happiest one we represent the case amongst a wide variety of attacks, dangers, and criticisms. This is the most memorial case in my life. I have been working as a lawyer for 15 years. There is no happiest day like today. I am feeling much happier than a wedding.”
At a press conference at the Presidential Residence on July 5, Deputy Police Chief Aung Naing Thu said: “The police have got a medical prescription, the suspect’s underwear, CCTV footage and the video file which shows the suspect himself admitting that he committed the rape. The police submitted them to the court as evidence. The victim said she was touched by hand. You will ask me why sperms are found. These sperms are detected as he molested her after touching his male organ.”
At the press conference, Zaw Htay, Spokesperson of the President Office said the President and the State Counsellor do not turn a blind eye to the case. They ordered officials of the Myanmar Police Force at the Ministry of Home Affairs to expose the case and take action in a rapid manner.
