TAWAU: A tourist boat driver was sentenced to six years’ jail and ordered to be given three strokes of the cane for committing physical sexual harassment against an eight-year-old boy.
Salleh Abd Halil, 39, pleaded guilty before Sessions Court Judge Ahmad Faizadh Yahaya, to committing the offence by touching the boy’s body for sexual purposes.
The offence took place the Balai Raya next to the Nurul Hidayah Mosque in Kg Bangau-Bangau, Semporna at 8pm on April 21, 2024.
The father of two children, who is currently being looked after by his parents in-law after divorcing his wife, was also ordered to undergo rehabilitation counselling throughout his prison sentence and also to undergo a police supervision order for three years after completing his sentence.
The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 which provides for a prison sentence of up to 20 years and can also be whipped, if convicted.
According to the facts of the case, the incident occurred when the victim’s father (the complainant) and the victim went to the mosque to perform Isyak prayer.
Afterwards, the complainant went to his friend’s house in Lorong C Kg Bangau-Bangau, while the victim attended an Al-Quran recitation class at the mosque.
While waiting for the class to start, the victim played with his friend in the mosque compound before Salleh picked him up and took him to the community hall next to the mosque.
The accused then sexually assaulted the victim.
At the same time, the victim’s religious teacher was looking for the victim to start the Al-Quran class. He briefly looked into the community hall but did not notice the presence of the accused and the victim as it was dark.
The victim’s teacher then contacted the victim’s mother because he was surprised to see the victim praying in the mosque alone and shedding tears.
The victim informed her mother about the incident when she returned home.
During mitigation, Salleh, who was not represented asked for a lighter sentence.
But, Deputy Public Prosecutor Batrisyia Mohd Khushri asked the court to impose a severe sentence on the accused as a lesson to him and others so that they would not commit the same act.
Batrisyia stressed that the victim was a child who should be protected and his dignity should be defended by adults.
