Kota Kinabalu: A soldier escaped a robbery charge but was fined RM2,000, in default four months’ jail, after pleading guilty to a lesser charge of causing hurt to a man.
Sessions Court Judge Elsie Primus meted out the sentence to Amirul Mukminin Rosol, 31, when the case was fixed for decision at the end of the prosecution’s case on Friday.
In delivering her decision, the court ruled that the prosecution had failed to establish a prima facie case against Amirul under Section 394 of the Penal Code for causing hurt while committing robbery.
However, the court was satisfied that the prosecution had successfully established a prima facie case under Section 323 of the Penal Code for voluntarily causing hurt to the victim.
Section 323 of the Penal Code provides for imprisonment of up to one year, or a fine of up to RM2,000, or both, upon conviction.
Previously, Amirul was charged under Section 394 of the Penal Code, which carries a jail term of up to 20 years and is liable to a fine or whipping, upon conviction.
The charge stated that Amirul allegedly caused hurt to Ali Farman while robbing him at Chung Trading shop, Jalan Kibabaig, Penampang, at 9pm on Jan 31, 2024.
However, Amirul claimed trial to the charge under Section 394 when it was read to him in February 2024, and the prosecution called five witnesses throughout the trial.
Evidence presented in court showed there was no proof that Amirul took anything from the victim, and that the victim’s injuries were the result of being punched in the face by the accused.
In mitigation, counsel Mohamed Zairi Zainal Abidin, who represented Amirul, pleaded for leniency, saying his client regretted his actions and might face disciplinary measures, including dismissal from service.
Deputy Public Prosecutor Nurul Shafeerah Mad Iskim, however, urged the court to impose a deterrent sentence, stressing that the victim had sustained injuries and that public interest must be upheld to ensure violence is not tolerated in society.
It was understood that Amirul paid the fine.
