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Judicial CP - March 2004
The Star, Kuala Lumpur, 5 March 2004
54 years and 24 strokes for rapist dad
By Hamdan Raja Abdullah
MUAR: A construction worker was jailed 54 years and ordered to be given 24 strokes of the rotan by the Sessions Court here after he admitted to three counts of raping his 17-year-old daughter at their home over the past six years.
The man, who has two wives and nine children including the victim, pleaded guilty to raping his daughter at his house between January 1998 and January last year.
According to the charge sheet, the man, aged 49, raped the girl, then aged 13, five times in 1998.
The man raped the girl 10 more times between January and December 2001.
He also admitted to raping her on Jan 7 last year.
Judge Mohd Fauzi Mohd Nasir sentenced the man to 18 years’ jail and eight strokes of the rotan for each charge.
He ordered for the sentences to run concurrently.
The man, who was unrepresented, asked the court for a lenient sentence, saying that he had many people to support.
Deputy Public Prosecutor Haslinda Abu Bakar asked the court for a deterrent sentence as the accused had committed a very serious offence.
She said the victim was threatened with a knife whenever the man wanted to rape her.
The victim had lodged a police report on Jan 20 last year and police had arrested the man in Kuala Sedili near Mersing on Feb 27, Haslinda added.
New Sabah Times, Kota Kinabalu, 6 March 2004
Ex-convict gets the maximum
Sessions Court also orders 24 strokes of rotan for Haserawati rapist
By Rosie Inus
KOTA KINABALU: The Sessions Court here yesterday imposed 20 years imprisonment on an ex-convict and ordered him to be given 24 strokes of the cane for the rape of nine-year-old Haserawati Saridi @ Sario in Menggatal in January this year.
Judge Caroline Bee Majanil imposed the maximum penalty for the charge under Section 376 of the Penal Code on Jamaludin Saripudin, 26, as requested by the prosecution. The offence carries a jail of between five to 20 years and liable to whipping upon conviction.
In urging the court to hand down a deterrent sentence, prosecuting officer, Chief Insp Abdul Rahman Atan said "I was instructed by the Senior Federal Counsel (SFC) to ask the court to hand down the maximum penalty to the accused as a lesson that the court does not tolerate this kind of crime".
Abdul Rahman further said the prosecution said that human such as the accused does not deserve to be in the community and urged that a deterrent sentence be handed down on him.
The prosecuting officer also said the accused had nine previous criminal records, showing that he served jail nine times and was even given the whipping once, but he has not shown any sign of remorse.
"This time he went to commit a very serious offence. This case received wide media coverage and the public was shocked and angry to know what happened to the victim. What saddening was the fact that the victim was clad in her school uniform when police found her body," added Abdul Rahman.
Jamaludin was charged for the rape of Haserawati, a Primary Four pupil, in the bushes on a hilly slope at Jalan Kampung Ratau in Tebobon, Menggatal, between 7 and 8 am on Jan 8 this year.
The fact sheet tendered by Abdul Rahman stated that the victim, still in her school uniform, was found covered with blood lying on the ground.
Her school uniform was lifted up to her stomach showing her private part, indicating that she had been raped.
Following a massive hunt, Jamaludin was arrested the same day at about 6.30pm at a bus stand near Karamunsing Complex.
Investigation found that the convict had taken syabu before he bumped into the victim who was walking alone to her school.
Jamaludin pulled her hand and dragged her to the bushes and then tore her underwear. Before raping her, he even threatened to stab her with a knife he had on him, should she cry for help.
However, sensing he was seen by three passers-by, Jamaludin ran away.
Abdul Rahman said the victim’s body was taken to the Queen Elizabeth Hospital for post mortem and examination confirmed injuries on her private part and signs of penetration.
Meanwhile, Jamaludin also faces the charge of murdering Haserawati and the case has been fixed for mention before Magistrate Harmi Thamri Mohd on March 19.
No plea has been recorded from Jamaludin for the offence of murder, under Section 302 of the Penal Code, which carries the death penalty.
The Star, Kuala Lumpur, 28 March 2004
Rotan and jail for ex-cop guilty of sodomy
By Hamdan Raja Abdullah
MUAR: A former police constable was sentenced to a total of 23 years jail and ordered to be whipped 10 times for sodomising and attempting to rape a woman five years ago.
Khairul Nizam Sahdan, 27, who was sentenced to 15 years jail and ordered to be whipped 10 times for sodomy and eight years for the rape attempt, was ordered to have his jail sentences run concurrently.
Khairul Nizam, from Kampung Panjang Sari, Pagoh, was found guilty by Sessions Court judge Mohd Fauzi Nasir for sodomising the woman, then 36, inside a car in a plantation near Pagoh between 11pm Feb 12 and 3.30am Feb 13, 1999.
The charge was under Section 377c of the Penal Code.
Khairul Nizam was also found guilty under Section 376/511 of the Penal Code of attempting to rape the woman inside the car.
In mitigation, defence counsel M. Manian urged the court to pass a lenient sentence as Khairul Nizam was only 22 when he committed the offences, adding that his client had regretted his actions.
He also said this case was unlike others which involved incest, pointing out that Khairul Nizam and the woman were lovers.
However, prosecuting officer Asst Supt Lim Ah Bah pressed for a deterrent sentence as Khairul Nizam, a former police constable, had abused his authority in committing the crimes.
The judge ordered Khairul Nizam to begin his jail sentence from the date of his arrest on March 29, 2000.
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