KUCHING: The High Court here yesterday allowed the five-year and two-year jail terms of a convicted rapist to run concurrently rather than consecutively.
This effectively reduced the unemployed man’s jail term from seven years to five years for molesting and assaulting a young woman last year.
Justice Dato Rhodzariah Bujang in considering the appeal made by Shamsudin Abdul Rahman, 34, said the two charges are maintained but are to run concurrently rather than consecutively, and to take effect from the date of his arrest.
The two imprisonment terms were initially to run consecutively.
Apart from that, she ruled that the court could not find any reason to disturb the court’s findings as the decision made by the presiding magistrate was correct.
On July 7 last year, convicted rapist Shamsudin pleaded guilty to the first charge of outraging the modesty of the victim, for which he received a sentence of five years’ jail and three lashes.
He also admitted to having assaulted the victim with a pair of scissors, for which he was jailed two years.
Both offences were committed in a room near a shophouse at Mile 4, Penrissen Road at about 4.15pm on May 4 last year.
The pharmacy worker had her hands bound before being molested by the accused.
Shamsuddin also attempted to rape her but fled when she screamed for help.
He was hiding until spotted by the victim and the police were notified.
Molest comes under Section 354 of the Penal Code which carries a maximum 10 years’ jail with fine, whipping or any two such penalties if convicted.
Assault comes under Section 506 of the Penal Code which carries a maximum seven years’
jail or fine, or both upon conviction.
Prior to committing the two offences, he had been recently released from jail after serving seven years for raping a minor.
In 2004, Shamsuddin was convicted of three rape charges for raping a 14-year-old girl.