KOTA KINABALU: A 33-year-old army personnel was sentenced to 13 years in prison and five strokes of the cane after being found guilty of raping a 26-year-old woman in a bar toilet while she was intoxicated.
Sessions Court Judge Hurman Hussain ruled on Friday that the prosecution had proven its case beyond reasonable doubt against Muhammad Farid Ishak. The offence occurred at 1am on May 31, 2024 at Kepayan Point, Penampang.
Muhammad was convicted under Section 376(1) of the Penal Code, which carries up to 20 years’ jail and whipping. The court ordered the sentence to run from the date of conviction.
He applied for a stay of execution pending an appeal to the High Court, but the court required a formal application supported by an affidavit before considering it.
In mitigation, defence counsel said Muhammad was a first offender, a civil servant with the Royal Army Force, and supported his parents.
The prosecution urged a heavy sentence, citing the severe emotional and psychological trauma suffered by the victim and describing the crime as heinous.
Five prosecution witnesses and two defence witnesses testified during the trial.
