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Judicial CP - June 2011

Corpun file 23353


The Star, Kuala Lumpur, 10 June 2011, p.4

Jail and rotan for child rapist

By K. Ashraf Kammed

Sures being escorted by a police officer from court in Klang

KLANG: A man who claimed he was drunk when he raped an eight-year-old girl at a school toilet in Sekinchan was sentenced to 25 years' jail and 15 strokes of the rotan.

Sures Muniandy, 27, pleaded guilty to the crime at the Sessions Court here yesterday.

Judge Datuk Anita Harun ordered the jail term to start from the day of Sures' arrest, noting that he had two previous criminal convictions.

The scrap metal collector was accused of committing the offence at a toilet in SRJK (C) Yoke Kuan, Sekinchan in Sabak Bernam around 9pm on June 4.

He was charged under Section 376(2)(e) of the Penal Code which carries a jail sentence of up to 30 years with whipping.

Deputy Public Prosecutor Nizi Shazril Ithnin had earlier requested for a severe punishment, saying the victim was just eight years old and had sustained injury.

Sures, who was unrepresented, cried when he heard his punishment.

The girl was attending a wedding reception at the school and was raped when she went into the toilet alone.

Press cutting

Her brother-in-law and sister waited at a canteen nearby.

The accused had locked the door from inside and raped the victim before escaping.

The brother-in-law, with the help of the public, caught the accused who was naked and hiding in a drain some 100m away from the toilet.

Copyright © 1995-2011 Star Publications (M) Bhd

Corpun file 23364


The Borneo Post, Kuching, 16 June 2011

Court reduces jail-rotan sentence of rapist uncle

By Anasathia Jenis

Off to prison: Zaiddi

KUCHING: A rapist uncle who was sentenced to 51 years' jail and 21 whippings had his sentence reduced to 39 years' jail and 13 whippings in the High Court here yesterday.

Judicial Commissioner Rhodzariah Bujang allowed the appellant's (Zaiddi Obeng) appeal against the sentence meted by Judge Amelati Parnell in Sessions Court on March 30 this year.

Zaiddi admitted to have raped his 16-year-old niece three years ago.

Press cutting

The labourer from Kampung Sungai Bedil Besar admitted to three charges framed against him under Section 376B (1) of the Penal Code. For each charge, Rhodzariah reduced the jail term from 17 years to 13 years while the whippings were reduced from seven strokes to five strokes for each charge.

Zaiddi committed the offence at three different places in an empty house near Jalan Siol Kandi, in the bushes behind Shell station near Masja in Petra Jaya and also inside their house.

The offences were committed between 6pm and 12pm between January and December 2009.

The niece was pregnant when the case came to light. DPP Musli Abdul Hamid prosecuted while Zaiddi is not represented by any lawyer.

Copyright © 2009 The Borneo Post. All rights reserved.

Corpun file 23376


The Borneo Post, Kuching, 25 June 2011

Rape: Filipino gets 10 years, four strokes

Hasbi being led out of the courtroom to serve jail sentence

KOTA KINABALU: A Filipino was jailed for 10 years and ordered to be given four strokes of the cane by the Sessions Court here yesterday for raping a 16-year-old student.

Judge Caroline Bee Majanil imposed the sentence on Hasbi Dani, 19, after the latter changed his plea of not guilty to one of guilty when the case came up for trial yesterday.

Hasbi, who claimed trial last year, admitted to raping the girl in a bush in front of Taman Awam in Teluk Likas here about 10pm on Nov 26, 2010.

He was charged under Section 375 (a) of the Penal Code, punishable under Section 376 (1) of the same code which provides for a jail term of up to 20 years and whipping, on conviction.

The facts of the case stated that while the victim was waiting for a bus at the public park to go home, the accused approached and grabbed her towards a bush area near a bridge.

The accused ordered the victim to keep quiet and punched her face and stomach several times until she fainted.

When she regained consciousness, she found that the accused was on top of her and subsequently shouted for help.

Two friends of the victim, who were coincidently at the scene, heard the shout and came to her rescue and detained the accused after a chase.

The accused was later handed over to the police for further action.

The victim had positively identified the accused as the person who had raped her during an identification parade on December 1, 2010.

The medical report dated January 31, 2011, showed that there were old tears on her hymen.

Earlier, in pleading for leniency, Hasbi who was unrepresented, told the court that he had regretted his act and promised not to commit similar offence in future.

Press cutting

Deputy public prosecutor Afzan Abd Kahar, however, pressed for a heavy sentence as the accused had committed a serious offence.

She said that the court should take into consideration public interest and the rampancy of such cases.

In this case, Afzan said the victim was 16 years old and the incident would affect her future life.

"A heavy sentence will also deter the accused from committing a similar offence in future," she added.

Majanil ordered the accused to be referred to the Immigration Department for deportation after serving the sentence.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

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