Kota Kinabalu: A 33-year-old soldier who raped his female colleague was jailed 11 years and ordered to get a stroke of the cane.
Sessions Court Judge Azreena Aziz meted out the sentence to Muhammad Eric Elister Elvis after ruling that the prosecution had proven it’s case beyond reasonable doubt against Muhammad.
Muhammad, a lance corporal, was found guilty of raping the 22-year-old woman at 6am on May 22, 2021 at a store in Penginapan Transit at the Lok Kawi camp, Kinarut.
He was convicted under Section 376(1) of the Penal Code which provides for a jail term of up to 20 years and whipping, on conviction.
SPONSORED CONTENT Shell awards Sabah LiveWIRE winners Kota Kinabalu: Shell has awarded five enterprises as the state winners of Shell LiveWIRE Malaysia 2024, following the Sabah state finals held at Plaza Shell in Kota Kinabalu. . Read more The court ordered Muhammad to serve the jail sentence from the date of conviction.
However, Muhammad’s application for a stay of execution of the sentence was allowed pending appeal to the High Court.
The prosecution had called 15 witnesses while the defence only called a witness during the hearing.
Deputy Public Prosecutor Muhammad Azizi Hamil appeared for the prosecution while counsel Farazwin Hexdy defended Muhammad.
Meanwhile, a 21-year-old undocumented woman pleaded guilty in the Magistrate’s Court to two counts of cheating two women of RM7,136 over pawnshop receipts.
Tina, a housewife, who appeared before Magistrate Wan Farrah Farriza Wan Ghazali via Zoom admitted to committing both charges under Section 420 of the Penal Code.
On the first count, Tina was alleged to have cheated Raiziatul Raehana, 29, by tricking her that Tina wanted to sell five pieces of pawnshop receipts and inducing her to hand over RM4,410 to Tina on June 7 at 10.50am in front of a pawnshop in Inanam.
On the second count, Tina allegedly cheated Norenah Ibrahim, 36, by deceiving her that Tina wanted to sell three pieces of pawnshop receipts and induced her to hand over RM2,726 to her on July 17 at 11.30am, Inanam town.
Each charge carries a jail term of between one year and 10 years and with whipping and liability of a fine, on conviction.
However, the court deferred facts and sentencing to Aug 2 and Aug 28, respectively.
In applying for another date for facts and sentencing, the prosecution offered no bail as the accused has no identification documents.
The court ordered Tina to be further remanded.
Meanwhile, two unemployed men were charged with assaulting a man.
However, no plea was recorded from M Haliem M Julkiflie, 38, and Timar Anuar, 32, who were brought before Court Registrar Rita Kunsoi after the charge was read out to them.
The duo were accused of voluntarily causing hurt to Lo Yuan Poo, 30, along with two accomplices still at large on June 22 at 12.30am at the Lintas Square car park.
The offence under Section 323 of the Penal Code carries a jail term of up to one year or with fine or with a fine of up to RM2,000 or both, on conviction.
The court set July 25 for the duo’s plea to be taken before a Magistrate and ordered them to be remanded further.
In another case, a storekeeper was charged with threatening to burn a man’s house.
Ronney Titip, 40, allegedly committed the offence against Nicholas Tham, 43, by verbally stating ‘Saya bakar rumah kamu (I will burn your house)’, on July 20 at 10pm at Kg Tenggiling Keliangau, Manggatal.
The charge is framed under Section 506 of the Penal Code.
The court fixed July 25 for Ronney’s appearance before a magistrate for his plea to be taken.
Pending the date, the accused were ordered to be further remanded.
Deputy Public Prosecutor Batrisyia Mohd Khusri prosecuted.
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