Sean Hogg had been found guilty by a jury of attacking the girl twice in Midlothian in 2018.
A man found guilty of raping a 13-year-old schoolgirl in a park when he was 17 has had his conviction quashed.Due to new sentencing guidelines for under 25s, Mr Hogg avoided jail and was instead given 270 hours of unpaid work. His lawyers said Lord Lake misdirected the jury at the trial in April.Mr Hogg, from Hamilton in South Lanarkshire, wept as he left the appeal court.It was alleged that Mr Hogg attacked her twice between March and June 2018.
But earlier this year, Donald Findlay KC told the Court of Criminal Appeal that Lord Lake did not follow correct legal procedures during the trial. The advocate told appeal judges Lady Dorrian, Lord Matthews and Lord Pentland that his actions resulted in his client being wrongly convicted.At an earlier hearing the Crown Office accepted that the judge misdirected the jury and said part of the verdict should be quashed.
But prosecutors argued that the jury still had enough evidence for Mr Hogg to be convicted of raping the girl on one occasion.Lady Dorrian said: "The inevitable result of the appeal must be acquittal."Lord Lake said that if Mr Hogg had committed the crime when he was over 25, he would have been jailed for four or five years.
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