Kota Kinabalu: The High Court here upheld the acquittal of an unemployed man from a charge of committing physical sexual offences against his underage niece.
Judge Maslinda @ Linda Mohd Ainal dismissed the prosecution’s appeal against the Sessions Court’s decision to discharge and acquit the 27-year-old man of the charge after a full trial.
Counsel Lim Chun Yuan, representing the respondent, said the judge held that the prosecution did not satisfy all the ingredients even at the prosecution’s case and that the defence should not have been called.
The man, as respondent, was on Sept 28, 2022 discharged and acquitted of the charge by the Keningau Sessions Court at the end of his defence.
The charge stated that he allegedly touched a part of the eight-year-old’s body around March in 2019 in a Tenom village.
The charge, framed under Section 14 (a) of the Sexual Offences against Children Act (SOACA) 2017, carries a jail term of up to 20 years and liability of whipping, on conviction.
In another case, a man was fined RM100 or three days’ jail by the Magistrate’s Court here for failing to explain cash deposit totalling RM19,980 into his bank account.
Mohd Solehan Kawi pleaded guilty before Magistrate Marilyn Kelvin to failing to explain the source of funds belonging to Wang Lin in his bank account on Jan 13, 2023, at 10.25am.
He was charged under Section 22A(1) of the Minor Offences Ordinance, which provides for a fine of up to RM100 or a jail term of up to three months or both, on conviction.
Earlier, the court heard that the complainant received a call from an unknown person claiming a RM7,950 credit card transaction, which he denied. The caller then transferred the call to someone posing as a Bank Negara officer, who obtained his personal details.
The complainant later discovered that RM19,980 had been transferred in two transactions into a bank account registered in Solehan’s name.
Solehan was arrested after failing to explain the source of the funds.
Unrepresented, he requested a lower fine, while the prosecution sought a deterrent sentence.
Inspector Yusdi Basri prosecuted.
