Kota Kinabalu sessions court judge Elsie Primus ordered Rosle Basas to be freed after finding that the prosecution had failed to prove a prima facie case against the accused, Sabah Media reported.

Rosle was charged with committing the offence in January last year in a classroom at a primary school in Kota Kinabalu.

The charge was framed under Section 14(a) of the Sexual Offences Against Children Act 2017 for touching a body part of a child for sexual purposes, which is punishable by up to 20 years in prison and whipping, upon conviction.

During the prosecution’s case, five witnesses were called to testify, including the alleged victim.

Lawyer Zahir Shah represented Rosle while deputy public prosecutor Nurul Shafeerah Mad Iskim prosecuted.

In August last year, Rosle was charged with four counts of sexual assault on four male pupils before three separate judges in the sessions court.