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TWO of the four male students suspected of being involved in the rape of a Form Three student and recording the act using a mobile phone in Melaka were charged in the Juvenile Court in Alor Gajah today.
Both are 17 years old and are Sijil Pelajaran Malaysia (SPM) candidates and were charged before Magistrate Dr Teoh Shu Yee with three charges of gang rape, sexual intercourse against the order of nature and physical sexual assault.
However, only one of them pleaded guilty to all the charges while the other pleaded not guilty and requested to be tried.
Based on the first charge, they were jointly charged with gang rape of a 15-year-old girl who was also a Form Three student.
Both accused were charged under Section 375B of the Penal Code which carries a prison sentence of not less than 10 years and not more than 30 years, upon conviction.
Meanwhile, for the second charge, they were each charged with having sexual intercourse contrary to the order of nature with the same victim and committing an offence under Section 377B which carries a prison sentence of up to 20 years and caning, if convicted.
According to the third charge, they were charged with committing physical sexual assault by grabbing the same victim's breasts.
They were subsequently charged under Section 14(a) of the Sexual Offences Against Children Act 2017 which provides for the same punishment, and if found guilty.
All of the offences were allegedly committed in a Form Three class at a secondary school in Alor Gajah at about 2.50pm on September 30.
The prosecution was conducted by the State Director of Prosecutions, Datuk Ahmad Sazali Omar who requested a proportionate sentence considering the seriousness of the offence committed and proposed bail of RM20,000 for each charge against each accused.
Lawyer Chua Yong Yi, representing the first accused, applied for a lower bail because the accused had health problems including having recently undergone sinus surgery and suffering from asthma.
Lawyers from the National Legal Aid Foundation (YBGK) representing the second accused also applied for a lower bail and the accused was also ready to comply with any conditions set by the court.
Meanwhile, the magistrate allowed both accused to be bailed at RM4,000 for the first charge and RM1,500 each for the second and third charges, with a total bail of RM7,000.
The court also set November 26 as the date for the submission of documents for the first accused and a character report for the second accused before sentencing. - October 16, 2025