Kota Kinabalu: A 24-year-old who committed physical sexual harassment against his underaged girlfriend, was jailed five years and ordered given a stroke of the cane.
Sessions Court Judge Elsie Primus meted out the sentence to Mohd Shafiee Paluh after ruling that the prosecution had proven its case beyond reasonable doubt against Mohd Shafiee on Tuesday.
Mohd Shafiee was found guilty of committing the offence against the 16-year and one-month-old girl by fondling her breasts and touching her private parts between 3am and 5am on June 19, 2021 inside a car along the road to Kg Pengkalan Abai in Kota Belud.
He was convicted under Section 14(a) of the Sexual Offences Against Children Act 2017 which provides for a jail term of up to 20 years and whipping, on conviction.
In mitigation, counsel Datuk Rakhbir Singh asked for a good behaviour bond saying that Mohd Shafiee was a first offender and that the girl was his lover.
Rakhbir told the court that Mohd Shafiee is married with two children and that his wife had just given birth to their second child.
He also informed that Mohd Shafiee never failed to attend the proceedings of his case.
However, Deputy Public Prosecutor Sofia Sawayan urged the court to impose a deterrent sentence on the grounds that it involved an underaged child who was being a sexual victim of a married man.
She further submitted that a heavy sentence should be given to Mohd Shafiee to serve as a lesson not only to him but to the society.
The court granted Mohd Shafiee’s application to stay execution of the sentence pending appeal against the decision to the High Court.
Mohd Shafiee, released on bail, was also ordered to undergo counselling while serving the jail sentence and to be placed under police supervision for three years after completing the sentence.
Seven prosecution and three defence witnesses testified during the hearing.
