“There was not enough evidence to prove the necessary intent in order to frame a charge for murder,” said the DPP, who spoke on condition of anonymity.

Yesterday, the boy’s stepfather, S Nagendran, and his mother, A Sangeetha, both 23, pleaded guilty to abusing him at an apartment in Skudai, Johor.

They were charged under Section 31(1)(a) of the Child Act 2011, which provides for a maximum 20 years’ jail or a fine not exceeding RM50,000, or both, upon conviction.

Sessions court judge Ahmad Kamal Ariffin Ismail set June 7 to hear the facts of the case before passing sentence.

Lawyer KA Ramu said there may have been a risk that the couple may be acquitted if murder charges, which carry the death penalty, were preferred against them.

“The prosecution may not have credible evidence to prove all the ingredients of the charge for murder. They may have opted for a lesser offence where a conviction was certain,” he said.

In murder cases, the prosecution must prove beyond reasonable doubt the commission of a criminal act, referred to as the “actus reus”, by a person with criminal intent, known as “mens rea”.

Ramu said the offence of child abuse could be established based on the contents of a post-mortem report, which will likely show injuries suffered by the child attributable to physical abuse.

Even if the couple was charged with murder, he said, there was a possibility that the court would reduce the charge to child abuse at the close of the prosecution’s case.

“The prosecutor’s decision has saved the court’s time and resources as there is no longer a need for a trial,” he said.

It was reported that the four-year-old boy died last Saturday.

Iskandar Puteri police chief Rahmat Ariffin was quoted as saying that the child was taken to the Sultanah Aminah Hospital, but was pronounced dead upon arrival.