Kota Kinabalu: A 34-year-old lorry driver was jailed five months and fined RM4,000 or another seven months for masturbating while watching a woman breastfeeding her child in a car, last year.
Rasip Astali, who appeared before Magistrate Lovely Natasha Charles, during pre-trial case management of his case Wednesday, informed the court that he wished to change his plea to guilty.
Rasip pleaded guilty to insulting the modesty of the 25-year-old woman at 10.40am on Aug 13, 2022 at the car park in front of a clinic at the Inanam Terminal.
On Nov 3, Rasip claimed trial to the charge under Section 509 of the Penal Code which carries a jail term of up to five years or fine or both, on conviction.
Lovely ordered Rasip, who was on bail, to serve the imprisonment sentence from Wednesday.
Earlier, the prosecution in tendering the facts of the case, informed the court that before the incident, while the complainant was breastfeeding her toddler in the front passenger seat of her car, she noticed a man, later identified as Rasip, masturbating in his vehicle which was parked next to hers by looking at her.
When Rasip realised his actions were noticed by the complainant, he rolled up his car window and drove away.
The complainant managed to take a picture of Rasip’s vehicle with its plate number and immediately informed her husband.
They lodged a police report.
Rasip was subsequently arrested and the complainant identified him during the identification parade.
Duty counsel Carmen Khoo, representing Rasip, requested for a lenient fine as he was remorseful and that it was his first offence.
Rasip is married with two children aged three and four and the sole breadwinner of his family, said Khoo.
Inspector Kelvan Elson Maik, prosecuting, applied for a deterrent sentence by considering public interest and the condition of the traumatised victim after the incident.
The case was serious as the act could lead to other crimes, said Kelvan, adding that, the act not only humiliates women but also men.
In another case, a man was fined RM2,000 or six months jail for taking syabu.
Musa Majahiliun admitted to committing the offence as framed Section 15(1) of the Dangerous Drug Act provides for a fine of up to RM5,000 or up to two years jail, on conviction.
He was also ordered to be placed under police supervision for two years.
