PETALING JAYA, Oct 17 — A primary schoolteacher was acquitted and discharged by the Magistrate Court here today of molesting an eight-year-old pupil two years ago, without his defence being called.
Magistrate Ahmad Solihin Abd Wahid freed Mohd Radzi Misran, 57, after finding the defence managed to raise reasonable doubt against the prosecution’s case.
On November 30 last year, the same court also acquitted and discharged the teacher of the same charge without his defence being called after the prosecution failed to prove a prima facie case against him.
However, the prosecution filed an appeal at the Shah Alam High Court, where the judge allowed the appeal and ordered Mohd Radzi to enter defence.
Today, in his judgement after listening to the teacher’s defence, Ahmad Solihin said statements from the prosecution’s witnesses could not support the victim’s testimony.
“The statements from other prosecution’s witnesses were based on the victim’s story and not as eye witnesses. In fact, the victim’s testimony about how the accused molested her also contradicted the witnesses’ statements.
“No other witnesses among the pupils in the class were called to support the victim’s testimony. The accused’s action was found to be in line with a teacher’s duty in handling pupils in a classroom,” he said.
According to the fact sheet, Mohd Radzi was charged with using acts of violence on the girl with the intention of molesting her at the school in Subang Jaya here between 1.30pm and 6pm on March 29, 2011.
He was charged under Section 354 of the Penal Code which carries a maximum jail term of 10 years and fine or whipping upon conviction.
Deputy public prosecutor Nur Aifaa Che Abdullah prosecuted, while the accused was represented by lawyer Datuk Suraj Singh. — Bernama
