JOHOR BARU: A married couple, who were given a discharge not amounting to an acquittal (DNAA) over negligence of their four-year-old son who died, have been charged again.
The boy’s stepfather S. Nagendran and mother A. Sangeetha, both 23, pleaded not guilty when they were charged under Section 31(1)(a) of the Child Act 2001 before Sessions Court judge VM Mabel Sheela yesterday.
According to the charge sheet, to achieve a common end, Nagendran and Sangeetha acted negligently towards the boy in their care, which might have caused physical injury to him.
They were accused of committing the offence at Skudai Villa Apartment, Jalan Aman, Taman Skudai Baru, here, on April 28.
The charge was read together with Section 34 of the Penal Code.
If convicted, they could be slapped with a maximum fine of RM50,000 or a jail term of up to 20 years or both.
Back to court: Nagendran and his wife Sangeetha being escorted by police officers out of the Session Court here in Johor Baru.
The case was prosecuted by deputy public prosecutor S. Thiviya while the couple were not represented.
Mabel Sheela set bail at RM7,000 with one surety each and set July 11 for next mention.
Both accused are also required to report to the police station once a month, not to disturb witnesses and to surrender their passports.
The couple did not post bail.
On Wednesday, the couple were given a discharge not amounting to an acquittal by the Sessions Court here.
In his decision, judge Ahmad Kamal Arifin Ismail said the prosecution had included two distinct offences in one charge, which is a duplicity.
The court then ordered the couple to be discharged but not acquitted.
