The man (right, wearing cap) is accompanied by a family member at the court at the end of proceedings.
KUCHING (Feb 8): The Sessions Court here yesterday sentenced a Royal Malaysian Air Force (RMAF) personnel to 10 years in prison and five strokes of the rotan after finding him guilty of raping a 16-year-old girl in 2016.
Judge Marutin Pagan imposed the sentence against the 30-year-old man after ruling the defence had failed to raise reasonable doubt.
The court, however, allowed a stay of execution pending an appeal to the High Court, and set bail at RM8,000 with one local surety.
The man was charged under Section 376(1) of the Penal Code which provides for a jail term of up to 20 years and whipping, if convicted.
According to the charge, he raped the underage girl at a hotel in Jalan Abell here between 2am and 3am on Aug 31, 2016.
During mitigation, the man through his counsel Abdul Rahman Mohd Hazmi appealed to be given a bond of good behaviour on grounds that a prison sentence would have a major impact and consequence not only on his life but also his employment.
Abdul Rahman said the man is still working as a civil servant and did not have a history of committing violence or sexual offences, and that he had never failed to attend court proceedings.
The facts of the case as presented by the prosecution did not show that the man had planned to commit the act, the lawyer added.
DPP Norshafatihah Nor Azmi appealed for a deterrent sentence in view that the man had taken advantage of the victim by raping her while she was in a state of intoxication.
“I wish to highlight that a bond of good behaviour is not applicable for cases involving sexual offences. As such, the prosecution asks the court to impose the maximum sentence against the accused person,” said the DPP.