Karpal argues that since Saiful had stated the intercourse to be non-consensual, whereas Anwar is charged under Section 377b for consensual sex against the order of nature, there is a conflict between the charge and Saiful’s statement.
Karpal says his hunch is based on what the witness had said with regards to the sodomy having been non-consensual.
Investigations, therefore, should have been under section 377c.
High Court Justice Mohd Zabidin Mohd Diah says this is the first time that a matter of this nature has come up – the accused is being charged with consensual (sodomy) though the evidence suggests the act was non-consensual.
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