Kota Kinabalu: A 51-year-old man was discharged not amounting to acquittal (DNAA) from raping a babysitter.
Sessions Court Judge Azreena Aziz made the order after being informed by the prosecution that the alleged victim could not be located.
The court was told that prosecution had tried to locate the alleged victim but to no avail.
However, the man was still warned not to tamper with the prosecution witnesses as the man could be recharged once the alleged victim could be traced.
On the first to fourth count, the man is accused of raping the 14-year-old girl between May and August, 2021, at a house in Penampang.
The offence under Section 376(2)(d) of the Penal Code carries a jail term of between five and 20 years, and whipping, on conviction.
In the same court, a Filipino was jailed four months for entering the State illegally. Tekeh Molpisiun admitted to the charge.
He was arrested at the city area on Jan 26 this year after failing to produce his identification document to the police.
Tekeh was ordered referred to the Immigration Department for his biometrics data to be recorded before deportation after completing his jail sentence.
The court ordered Tekeh to serve the jail sentence from the date of his arrest.
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