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Youth gets 4 years, 5 strokes for statutory rape BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak


Youth gets 4 years, 5 strokes for statutory rape

Posted: 27 Nov 2013 11:03 AM PST

by Anasathia Jenis, reporters@theborneopost.com. Posted on November 28, 2013, Thursday

KUCHING: The parents of a youth broke down and cried in a Sessions Court here yesterday when their son was sentenced to four years' jail and five strokes of the rotan for statutory rape of his underage girlfriend.

The 18-year-old pleaded guilty but appeared calm.

He shed tears occasionally after judgment was delivered by Judge Nixon Kennedy Kumbong who convicted him under Section 376 (1) of the Penal Code.

The section provides for a maximum jail term of 20 years and whipping.

The accused admitted to having sexual intercourse with the 14-year-old girl at an unnumbered house in a village at Kota Samarahan at midnight of Nov 26 last year.

The brief facts of the case stated that the accused brought the victim to a hut near a village in Kota Samarahan and forced her to have sexual intercourse.

It was learnt that they were boyfriend and girlfriend and it was not their first time having sex.

The girl, a minor at 14, got pregnant and gave birth to a baby girl some time in August this year. The DNA test proved that the accused is the father of the baby.

DPP Nur Nisla Abd Latif prosecuted while the accused was not represented.

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Draftsman gets 15 years for hurting wife

Posted: 27 Nov 2013 10:13 AM PST

by Alen Kee. Posted on November 28, 2013, Thursday

TAWAU: A part-time draftsman was sentenced to 15 years' jail by the Sessions Court here yesterday for causing serious injury to his wife.

Judge Amelati Parnell meted out the sentence on Shahrizan bin Abdul Raja, 32, who was charged under Section 326 of the Penal Code which provides imprisonment up to 20 years and fine or whipping.

Shahrizan had intentionally caused grievous injury to his wife Susilahwatie bte Sino, 32, with a knife about 8pm on July 22, 2008 inside a Proton Saga car at Jalan Untara Baru here.

The accused who is from Taman Aman, Lahad Datu and his wife who is a public servant, were in the process of getting a divorce when the incident happened.

Earlier before the incident, the accused invited the victim from her workplace for a drink at Restoran Pantai before they headed to Table, Merotai.

On the way, the accused stopped the car and wanted to have intercourse with the victim inside the car. The victim put up a fight and was hit before her throat was cut.

Seriously hurt, she managed to exit from the car at Taman Ria 5 and flagged down a car driven by a General Operation Force personnel who was on the way home to Taman Semarak and asked to be sent to the hospital.

Deputy public prosecutor Hamdan Hamzah prosecuted the case and the accused was defended by counsel Mohd Noor.

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Local jailed for keeping and disposing of stolen property

Posted: 27 Nov 2013 10:09 AM PST

KOTA KINABALU: A 21-year-old local man was jailed a total of 14 months for keeping stolen car audio systems and disposing of a stolen television.

On the first count, senior assistant registrar Dzul Elmy Yunus, who sat as a magistrate, imposed a six-month jail term on Mohd Asmy Rosymad Ag Saman after he pleaded guilty to keeping the car audio systems in an apartment in Kepayan on November 15.

He was convicted under Section 411 of the Penal Code which is punishable by a jail term of up to five years or a fine, or both, upon conviction.

On the second count, he received another eight months' imprisonment for disposing of the television in front of a shop here on the same day.

The offence was framed under Section 414 of the Penal Code which carries a maximum jail term of seven years or a fine, or both, upon conviction.

The court ordered the jail terms to run concurrently.

Meanwhile, the accused also faced a charge of consuming syabu and was arrested at the Penampang police station on November 16.

The indictment came under Section 15 (1) (a) of the Dangerous Drugs Act 1952 which carries a maximum fine of RM5,000 or a jail term of up to two years, upon conviction.

The same court set January 9 next year to re-mention the case pending the accused's urine analysis report.

In an unrelated case, a local youth was charged in the same court with keeping a bottle of stolen perfume.

The court deferred the case of Azaahari Sharuddin, 18, as the accused opted to have a social report as he is a young offender.

He was accused of committing the offence at an apartment in Kepayan on November 13.

Dzul Elmy fixed December 12 this year for the social report to be produced in court and released the accused on RM1,500 bail with two local sureties.

Prosecuting officer Inspector Lim Swee Beng appeared for the prosecution.

In the Sessions Court here, a local man, who will stand trial on February 13-14 next year for a rape offence allegedly committed six years ago, was granted a lower deposit for his bail.

Magistrate Azreena Aziz allowed an application by Ramlan Ujud, 33, by setting RM5,000 to be deposited from his RM10,000 bail with two local sureties.

He was charged under Section 376 (1) of the Penal Code which provides for a maximum jail term of 20 years and whipping upon conviction.

The accused was alleged to have raped a 20-year-old woman near a beach in Kota Belud at 5.30pm on March 4, 2007.

The court had on November 26 released the accused on RM10,000 bail fully deposited with two local sureties.

He was also ordered to report once a month at the nearest police station pending disposal of the case.

Deputy public prosecutor Effizah Ernie Idris prosecuted.

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Four firearms seized in Ops Cantas Khas

Posted: 27 Nov 2013 10:09 AM PST

KOTA KINABALU: Police seized two pistols and two home-made guns in the crime prevention operation, dubbed Ops Cantas Khas, so far this month.

State Crime Investigation Department chief SAC Omar Mamah said three of the firearms were seized during a raid on two premises, while the other one, during a roadblock.

"In the first raid at 3pm on Nov 6, a team of policemen from Kota Kinabalu police headquarters raided a car workshop in Inanam and found a revolver-style air pistol with six rubber bullets wrapped in a plastic box.

"Two men, aged 28 and 34, were arrested to facilitate investigation under Section 36 (1) of the Firearms Act 1960," he told reporters here yesterday.

Omar said the two home-made guns, called 'bakakuk' by the locals, were seized during a raid on an unnumbered house at Kampung Lipoi, Ranau, at 11.15am on November 20, where a man, aged 34, was also arrested.

The fourth firearm was seized about 4am during a police roadblock in Jalan Lintas here on November 21.

He said the revolver was found in a bag belonging to one of the five men travelling in a one of the cars stopped for inspection.

The men, three of whom were foreigners, aged between 26 and 43, were arrested to facilitate investigation.

Omar said that the police would step up operation against those people who are still keeping or using home-made gun or bakakuk throughout the state.

He said under Section 8 (a) of the Arms Act 1960, nobody is allowed to keep unlicensed firearm.

"Police are taking such matter very seriously as unlicensed firearm holder or those in possession of bakakuk could easily cause unwanted incident and even death.

"There have been several death cases caused by the use of bakakuk either in criminal activity or accidentally while hunting in the jungle," he said.

Omar also disclosed that since Ops Cantas, police have confiscated 122 dangerous weapons, namely 40 pairs of knives, Kris and scissors; 20 machetes, 17 iron bars and woods, 11 knuckle dusters, eight bullet shells and six sickles.

"Of the 97,446 individuals who have been checked by the police, 3,243 were detained for possession of dangerous weapons," he said, adding 2,868 were men and the rest were women.

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