SEREMBAN: The Sessions Court here has acquitted and discharged a 46-year-old man facing two counts of committing physical sexual assault on his 15-year-old stepdaughter.
Judge Surita Budin freed the accused without calling for his defence after finding that the prosecution had failed to establish a prima facie case against him.
"After perusing evidence from the prosecution witnesses, written submissions from both sides and on a maximum evaluation, the court finds that the prosecution had failed to establish a prima facie case against the accused for both the charges.
"The accused is therefore acquitted and discharged without having to enter his defence," she said.
The accused, who is an administrative assistant with the People's Volunteer Corps (Rela), was charged with committing the offences at a house in Tampin.
The first was allegedly committed around 9.30am on June 16, 2024 and the second around 5.30pm on July 9 the same year.
He had allegedly hugged the girl and forced her to kiss him on the cheek for sexual purposes.
The accused was charged under Section 14(a) of the Sexual Offences Against Children Act 2017 which carries a jail term of up to 20 years and whipping upon conviction.
Surita said the prosecution had also relied solely on the victim's testimony and no other evidence was provided.
"The court is aware that Section 18 of the Sexual Offences Against Children Act and the Evidence of Child Witness Act 2007 stipulates that there is no need for additional evidence in such cases and a suspect can be convicted if the child's testimony was unusually convincing.
"However, in this case there are disputes over divorce and property and other family problems which led to the victim's mother lodging a police report," she said.
Surita said under such circumstances, it was not safe for the court to order the accused to enter his defence.
Nurul Balkis Zunaidi prosecuted while the accused was represented by Kartikeyan Supramaniam and M. Gobinathan.
