Kota Kinabalu: A 50-year-old man was discharged and acquitted from a charge of committing physical harassment against his nephew.
Sessions Court Judge Amir Shah Amir Hassan freed the man from the charge without his defence being called.
The court ruled that the prosecution had failed to establish a prima facie case against the man.
The man was accused of committing the offence against the 11-year-old boy by touching his private part between 1am and 4am in May 2020 at a house in Tuaran.
He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, which provides for a jail term of up to 20 years and also liable to whipping, upon conviction.
Eight witnesses were called to testify during the hearing.
The man was detained under remand since August 2022 as no bail was given to him.
Deputy Public Prosecutor Dacia Jane Romanus prosecuted while counsel Mohamad Syazwan Shah and Nigel Neong Kaning defended the man.
