Kota Kinabalu: A 33-year-old Tahfiz school principal was given a discharge not amounting to an acquittal (DNAA) from a charge of committing physical sexual harassment against his student.
Sessions Court Judge Noor Hafizah Mohd Salim gave the DNAA to the man after being informed that the three prosecution’s witnesses were not present in court during the trial and also could not be located.
The prosecution informed the court that the Investigating officer (IO) of the case had contacted the witnesses but no reply.
The prosecution further said the IO also went to the address provided by the witnesses but based on the observation by the IO, there was no one living in the house.
The court then gave the man a DNAA in view of the fact that the main witnesses for the prosecution were unable to be contacted and located despite extensive efforts being made by the prosecution.
The man was accused of committing the offence against the 13-year and 10-month-old boy by putting and rubbing his leg on the boy’s back as well as molesting him for sexual purpose.
The alleged incident took place at 3pm on Sept 11, 2022 at a hut of the Tahfiz school in Putatan.
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.
There is additional punishment for the principal, under Section 16(1) of the same Act which provides for a jail term of up to five years, and whipping of at least two strokes, on conviction.
Deputy Public Prosecutor counsel Muhammad Azizi Hamil appeared for the prosecution while counsel Azhier Farhan Arisin defended the principal.
