KOTA KINABALU: A local security guard, who was convicted of raping a teenage girl, had his sentence increased to 15 years’ jail with 10 strokes of whipping by the High Court here.
Azuan Raim, 28, had his punishment raised from only five years’ jail with one stroke of whipping after justice Datuk Nurchaya Arshad delivered her verdict in favour of the prosecution, who applied that the penalty imposed by the lower court was insufficient.
Deputy public prosecutor Aida Fatimah Datuk Abd Jabar insisted that a heavier sentence should be imposed to clearly show the denunciation of the crime.
She added that a long custodial sentence would serve as a reminder to would-be offenders of the seriousness of the offence, and it would also be appropriate given the rampancy of such cases.
Aida Fatimah further said that there was no evidence of the victim being in love with Azuan, as she drank pesticide because the girl was afraid of getting pregnant and also because her parents had reprimanded her. An element of force had also come into play, said Aida Fatimah, as the victim was asked to remove her clothes and she dared not refuse as she was only 14 years old.
In reply, counsel Mohd Shukor Mumin urged the court to consider the facts of the case in rebutting the prosecution’s motion to increase his client’s punishment.
The victim did not suffer from trauma, said Shukor, and she was in fact still in contact with his client even during the trial. Moreover, there had been negotiations between Azuan and the victim’s family, who demanded RM20,000 in sogit (traditional compensation), said Shukor.
On Aug 21, 2015, the Sessions Court here found Azuan guilty of raping the girl in a car near a river in Kota Belud on Sept 15, 2013. The offence, which falls under Section 376(1) of the Penal Code, is punishable with a maximum jail of 20 years with whipping, on conviction.