Exec in oral sex case discharged
Man was accused of committing act on a 16-year-old
BUTTERWORTH: A former sales executive alleged to have performed oral sex on a 16-year-old boy last year has been given a discharge not amounting to an acquittal (DNAA) by the Sessions Court here.
Tan Kok Peng, 50, was given the DNAA by the court after Deputy Public Prosecutor J. Kaameni told the court that the complainant, who is now 17, could not be present as he was sitting for his Sijil Pelajaran Malaysia examination.
She also informed the court that neither the investigating officer of the case, who has since retired, nor the investigating officer who had taken over the case were present in court yesterday.
Yesterday was the fifth date fixed for the hearing of the case after it had been postponed four times before.
Tan’s counsel Dev Kumaraendran also told the court that the victim had not turned up on the last hearing date on April 14.
Judge Norashima Khalid said she was ordering the DNAA for Tan as she did not want to waste the court’s time.
Tan had claimed trial to committing the offence at a flat in Butterworth at about 2pm on July 23 last year.
The offence under Section 377C of the Penal Code carries a jail sentence of up to 20 years and whipping if convicted.