Kota Kinabalu: A 44-year-old man who was previously convicted and sentenced to 12 years’ jail and ordered to get two strokes of the cane for committing sexual physical harassment against his stepdaughter, was freed by the High Court on Thursday.
Judicial Commissioner Dayang Ellyn Narisa Abang Ahmad had set aside the man’s conviction and sentences after granting his appeal against the conviction and sentences imposed by the Sessions Court.
The court among others said that the complainant in that case was unreliable, the lower court had wrongly applied the Section 2D of Malaysia’s Evidence of Child Witness Act 2007 (Act 676) and there are many inconsistencies in the prosecution’s evidence.
Therefore, the court had set aside the Sessions Court’s decision and discharged and acquitted the man from the charge.
On Jan 3, 2023, the man was found guilty of committing the offence against the 11-year-old girl at 1am on Dec 29, 2022 at a house in Petagas and the Sessions Court imposed the 12 years’ jail and ordered to get two strokes of the cane.
The offence, under Section 14(a) of the Sexual Offences Against Children Act 2017, carries a jail term of up to 20 years and whipping upon conviction.
Deputy Public Prosecutor Samira Khalili acted for the respondent in that case and the man as the appellant was represented by counsel Edward Paul.
