In a recent ruling by the Court of Appeal, a former school bus driver, Kassim Tahir, has been sentenced to eight years in prison for his conviction on three counts of sodomizing an 11-year-old boy in his vehicle seven years ago. This verdict comes after an appeal by the prosecution to overturn a previous High Court decision that had acquitted and discharged Kassim Tahir for the alleged offense.
The three-man bench, consisting of Justices Datuk Hadhariah Syed Ismail, Datuk Azman Abdullah, and Datuk S.M. Komathy Suppiah, reached an unanimous decision to restore Kassim's conviction for the offenses. They also modified the sentence previously imposed by the Sessions Court, reducing it from 10 years to eight years of imprisonment for each charge to be served concurrently. Additionally, the sentence of whipping, initially ordered by the Sessions Court, was set aside.
Justice Hadhariah emphasized that Kassim would commence serving his eight-year jail sentence from the current date, accounting for any time already served.
The Court of Appeal determined that the High Court had made an error in its ruling by insisting on a preliminary inquiry before accepting the victim's testimony. Justice Hadhariah clarified that such an inquiry was not necessary under Section 133A of the Evidence Act, as the victim was not a child of tender years when providing detailed testimony about the alleged incidents; the victim had already reached 14 years of age at the time of his testimony.
Deputy public prosecutor Aida Khairuleen Azli argued against the need for a preliminary inquiry, citing the victim's age and ability to provide comprehensive testimony.
During the mitigation phase, Che Muji Che Noh, the lawyer from the National Legal Aid Foundation representing Kassim, revealed that her client was suffering from a kidney problem and pleaded with the court to consider reducing the jail sentence.
This case serves as a reminder of the importance of upholding justice and protecting the rights of victims, particularly in cases involving vulnerable individuals. The Court of Appeal's decision reflects its commitment to ensuring that those who commit such heinous crimes are held accountable for their actions and serves as a deterrent to potential offenders.
Reference: Former school bus driver sentenced to eight years in jail for sodomising boy | Malay Mail
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