GEORGE TOWN - A High Court here acquitted a 38-year-old businessman of assaulting his wife after the prosecution failed to establish a prima facie case against him.
Judicial Commissioner Collin Lawrence Sequerah acquitted Muhammad Ismail Abu Bakar of the charge under Section 323 of the Penal Code for voluntarily causing hurt to his then wife Noor Jehar Kader Gani at their home in Sungai Pinang on May 10, 2011.
He was acquitted of the same charge by a magistrate's court last year. The prosecution then appealed the case which was brought to the High Court.
Collin in his judgement yesterday said the evidence from both parties contradicted each other.
Noor Jehar, 29, in her report alleged that Muhammad Ismail had pulled her hair, banged her head against the wall and hit her when he returned from work on that day.
The couple, who have three children, have since divorced.
DPP Charanjit Singh prosecuted while the defendant was represented by Rosli Ismail.