Kota Kinabalu: A 46-year-old primary school teacher was on Friday freed from a charge of committing sexual assault by physical contact against an 11-year-old boy.
Rosle Basas was discharged and acquitted of the charge by Sessions Court Judge Marlina Ibrahim, without his defence being called.
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The judge, in delivering her ruling, held that the prosecution had failed to prove a prima facie case against the accused.
Rosle was accused of committing the offence by touching the boy’s private parts on Jan 11, 2024, at 10am, in a classroom of a school.
He was charged under Section 14(a) of the Sexual Offences against Children Act 2017, which carries a prison sentence of up to 20 years and caning if convicted.
The prosecution had called four witnesses to testify in the trial.
It was stated that Rosle faced four charges before different Sessions Court judges and has since been acquitted of three of them, including the present case, without being called to enter his defence, with one remaining case still pending.
Deputy Public Prosecutor DK Afiqah Alya PG Johari prosecuted, while Rosle was represented by counsel Zahir Hussein Ahmad Shah.
