PUTRAJAYA: The Court of Appeal today upheld an English teacher’s acquittal on a charge of distributing obscene photographs to a teenage girl seven years ago.
A three-man panel comprising Justices Mohd Zawawi Salleh, Abdul Rahman Sebli and Kamardin Hashim unanimously dismissed the prosecution’s appeal against C Shanmuga, 38.
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 with distributing obscene photographs to the girl, who was then 16, on the handphone. The offence was allegedly committed 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 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 appreared for the prosecution. -FMT
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