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Kota Kinabalu: A 42-year-old self-employed was freed from a charge of committing physical sexual harassment against his granddaughter without his defence being called.

Sessions Court Judge Amir Shah Amir Hassan discharged and acquitted the man after ruling that the prosecution had failed to establish a prima facie case.

The man was accused of committing the offence against the 10-year-old girl by fondling her breasts between Dec 15, 2022 and Dec 21, 2022 between noon and 5pm at living room of a house in Papar.

The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.

The prosecution had called four witnesses during the hearing.

Deputy Public Prosecutor Al Hakim conducted the prosecution while counsel Muhamad Amirul Amin defended the man.