Kota Kinabalu: A 34-year-old man who slit the neck of a student and punched her before trying to rape her was jailed 11 years and ordered to get six strokes of the cane.
Sessions Court Judge Elsie Primus meted out the sentence to Mohamad Samir Mohd Tabir who pleaded guilty, Monday.
Mohamad Samir, who only have a birth certificate, had attempted to rape the 14-year-old girl, and during the attempt, he had caused injuries to the girl at 6.30am on Oct 9 at the bushes near a school in Kudat.
The offence under Section 376(2)(a)/511 of the Penal Code provides for a jail between 10 and 30 years, and whipping, on conviction.
During mitigation, Mohamad Samir, who was not represented, asked for leniency.
However, Deputy Public Prosecutor Siti Hajar Mazlan urged the court to impose a heavier punishment on the grounds that the victim had suffered multiple bruises on her shoulder as well as wounds on her neck.
Siti Hajar also tendered the victim’s impact statement which stated that the incident had caused trauma to her.
She said due to the incident, the victim feared about going out from the house as well as go to school and meet people as well.
Siti Hajar also told the court that the victim was also scared to see a knife.
The court heard that the incident occurred while the victim was walking towards her school when a man grabbed her, choked her and later pulled her into the nearby bushes.
The man, later identified as Mohamad Samir, then threatened her with a knife before trying to rape her.
During the rape attempt, Mohamad Samir had slit the victim’s neck and punched her. He also tore the victim’s clothes and inserted his finger into her private part.
The victim shouted for help and members of the public who were at the area rushed to help the victim and detained Mohamad Samir immediately before handing him over to the police.
The court ordered Mohamad Samir to be referred to the Immigration Department after serving his jail sentence.
