Sessions court judge Nor Hasnah Abdul Rahman in acquitting K Kumaran said the prosecution had failed to establish a prima facie case to order the accused to enter his defence.

Kumaran had been charged with committing carnal intercourse against the order of nature.

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.

It was revealed that the woman was investigated for cheating and she was later charged.