PUTRAJAYA: A 30-year-old factory worker is going to spend the next six months in jail, after the Court of Appeal today set aside his acquittal over a charge of outraging the modesty of a 13 year-old girl by kissing her.
M Samuel John was accused of kissing the girl, whom he got to know through Facebook, without her consent. The incident took place on Feb 2, 2013 in front of a lift at an apartment in George Town, Penang.
A three-member bench chaired by judge Ahmadi Asnawi said there was evidence that the girl did not permit the accused to kiss her.
“We set aside the High Court ruling and reinstate the findings of the magistrate,” said Ahmadi.
Ahmadi and Kamardin Hashim formed the majority, while Abdul Rahman Sebli dissented.
Samuel’s lawyer Simon Murali told the bench that the girl had called his client and sought forgiveness.
“Her subsequent conduct revealed the alleged crime did not take place,” he said.
But deputy public prosecutor Ku Hayati Ku Harun said the magistrate’s decision should be upheld as she had the opportunity to assess the demeanour of witnesses. - FMT
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