A three-man panel comprising Justices Datuk Mohd Zawawi Salleh, Datuk Abdul Rahman Sebli and Datuk Kamardin Hashim unanimously dismissed the prosecution's appeal against C. Shanmuga, 38, on Wednesday (Nov 29).
Justice Mohd Zawawi, who chaired the panel, said the decisions of the Magistrate's Court and High Court in acquitting Shanmuga were correct and there was no reason for the appellate court to interfere with the findings of the two courts.
Shanmuga was charged for distributing obscene photographs to the girl, who was then 16, via the handphone at Taman Garing Utama, Rawang, Selangor, between April 21 and 27, 2010.
He was charged under Section 293 of the Penal Code, which carries a maximum jail term of five years or a fine, or both, upon conviction.
On Jan 26, 2015, the Selayang Magistrate's Court acquitted and discharged Shanmuga at the end of the defence's case and the Shah Alam High Court upheld his acquittal on Aug 16, last year.
Lawyers Haresh Mahadevan and Ramzani Idris represented Shanmuga while deputy public prosecutor Tengku Intan Suraya Tengku Ismail appeared for the prosecution. - Bernama