– March 25, 2022 10:52 AM
PETALING JAYA: A policeman found guilty of enticing a married woman with the intention of having illicit intercourse is challenging the charge as being unconstitutional.
The High Court in Kuala Terengganu will hear the matter on Monday by way of revision.
Lawyer P Purshotaman, who is representing the 30-year-old policeman, said he had, during the trial last year, urged the magistrate to refer to a High Court judge on the constitutionality of the charge.
“We filed a revision against the magistrate’s refusal. The trial concluded two weeks ago with my client being found guilty,” he told FMT.
On March 6, the policeman was sentenced to six months’ jail and fined RM3,500. However, the sentence has been stayed pending an appeal.
The policeman was found guilty of committing the offence in Kuala Terengganu between Nov 25, 2016 and June 17, 2018.
Section 498 of the Penal Code allows the court to impose a maximum two-year jail term or fine or both if an accused is found guilty .
Purshotaman said his client is challenging the charge as it is against Article 8 of the Federal Constitution, which states that all persons are equal and entitled to equal protection of the law.
The last time this type of offence attracted public attention was in 2009 when the husband of celebrity Daphne Iking accused a corporate figure of enticing his wife.