Kota Kinabalu: A 31-year-old man was sentenced to a total of 36 months’ jail, Tuesday, on two counts of trespassing into a room in Penampang and molesting a woman.
Porter Rejuan Abdul Kahar, who was brought before Magistrates Stephanie Sherron Abbie and Lovely Natasha Charles, pleaded guilty to committing the offence at 3am on Sept 27 at Bundusan.
Stephanie ordered Rejuan to serve 16 months’ jail after he admitted to trespassing into the room occupied by a 24-year-old woman.
The charge, under Section 448 of the Penal Code, carries a jail term of up to three years or fine of up to RM5,000, or both, on conviction.
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The offence, under Section 354 of the Penal Code provides for a jail term of up to 10 years, or with fine or with whipping or with any two of such punishments, on conviction.
The prosecution informed the court that prior to the incident, the woman was sleeping in the room when she suddenly woke up because a man, later identified as Rejuan, was touching her right leg.
The complainant pushed him away before a struggle ensued between them.
The complainant tried to run away but Rejuan hugged her, the court heard.
The woman managed to grab an iron hanger and hit Rejuan’s head and at the same time screamed for help.
The court heard that Rejuan not only pulled the complainant’s hair but also pulled her pants and fondled her breast from behind.
The woman managed to escape after she targeted Rejuan’s private parts, said the prosecution, adding that Rejuan was then caught by the complainant’s friends and handed over to the police.
Duty counsel Carmen Khoo, representing Rejuan, requested for a lenient sentence on the grounds that Rejuan, who is single, is taking care of his mother, who has a heart problem.
The prosecution applied for a deterrent sentence.
Rejuan was ordered to serve the sentences from the date of his arrest.
Inspectors Suzie @ Stephanie Kupit and Kelvan Elson Maik prosecuted.
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