KUALA LUMPUR: A police investigation officer was cleared of a charge of committing carnal intercourse against the order of nature on a 23-year old woman suspect in his room last year.
Sessions court judge Nor Hasnah Abdul Rahman in acquitting Insp K Kumaran said the prosecution had failed to establish a prima facie case to order the accused to enter his defence.
Hasnah said a sergeant, one of eight prosecution witnesses, testified that the victim was always under observation and the entrance door to Kumaran’s office was always open.
The judge said the investigation in this case was incomplete as samples of the woman’s nail, hair and clothes were not sent for forensic analysis.
The judge said the medical evidence by a doctor also confirmed it was unlikely oral sex had taken place.
“As such, the prosecution has failed to prove the ingredients of the offence under Section 377C of the Penal Code,” she said.
Kumaran was said to have committed the offence at the Wangsa Maju district police commercial crime division premises between 1.30pm and 2.30pm on May 8 last year.
Deputy public prosecutor Lim Chooi Yi conducted the prosecution while Harpal Singh represented Kumaran.
Facts revealed the woman was investigated for a cheating offence which she was charged with later. - FMT
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