George town: The High Court has overturned a 12-month jail sentence that was imposed on a couple for committing an indecent act at a Chinese cemetery in March. The court has ordered their immediate release.

According to BERNAMA News Agency, Judge Rofiah Mohamad allowed a criminal review application from the defence to overturn the sentence that had been handed down by the Magistrate's Court on March 26. Although their convictions were upheld, the court commuted the couple's sentences to the time already served, from the date of their arrest on March 23, 2026, until the disposal of the review. This decision resulted in their immediate release.

Earlier, defence counsel Datuk Naran Singh argued that the original 12-month sentence was excessive, despite the couple accepting their conviction. He submitted, "The conviction is upheld, but we are requesting that the 12-month prison sentence be set aside because it is too severe." Deputy Public Prosecutor Muna Mohamed Jaafar did not object to this, informing the court that the prosecution accepted the representation.

In delivering her decision, Judge Rofiah said there was no reason to reject the agreement reached between both parties, noting that it was consistent with the representations submitted. The couple had been initially sentenced to 12 months' imprisonment by the Magistrate's Court on March 26 after pleading guilty to committing an indecent act at a Chinese cemetery in Batu Gantung at 8:30 am on March 22. They were charged under Section 377D of the Penal Code, read together with Section 34 of the same law, which carries a maximum penalty of two years' imprisonment.