Kota Kinabalu: A 33-year-old army personnel who raped a woman in a toilet of a bar while she was drunk, was sentenced to 13 years’ jail and ordered to get five strokes of the cane.
Sessions Court Judge Hurman Hussain meted out the sentence to Muhammad Farid Ishak, after ruling that the prosecution had proven its case beyond reasonable doubt against Muhammad, on Friday.
Muhammad was found guilty of raping the 26-year-old woman on May 31, 2024 at 1am in the toilet at Kepayan Point, Penampang.
He was convicted under Section 376(1) of the Penal Code carries a jail term of up to 20 years and liability to a whipping, on conviction.
The court ordered Muhammad to serve the jail sentence from the date of his conviction on Friday.
Muhammad applied for a stay of execution of the sentence pending his appeal to the High Court.
However, the court requested a formal application along with an affidavit in support before considering the stay.
During mitigation, counsel Nathaniel Wong who stood for counsel Sylvester Kwan, asked for leniency saying that Muhammad was a civil servant attached with the Royal Army Force and that he needed to support his parents.
Wong further told the court that Muhammad was a first offender and cooperated with all parties during investigations as well as his case proceedings.
However, Deputy Public Prosecutor Fazriel Fardiansyah Abdul Kadir urged the court to impose a severe and appropriate sentence, citing the trauma suffered by the victim as a result of the incident.
Fazriel also submitted that the offence committed by Muhammad against the victim was a heinous crime.
“He had inflicted perpetual pain upon the victim and destroyed her self-worth. The victim has been subjected to significant emotional and psychological harm, which was likely to have long-term effects.
“Such traumatic experiences, particularly when committed by someone so close to the victim, can result in lasting mental health issues. The victim’s sense of safety, self-worth, and ability to trust others has been irreparably damaged especially when the person raped her was her own friend.
“The act of sexual assault committed by Muhammad was not only a physical violation but a direct assault on the victim’s dignity and bodily autonomy.
“The victim’s right to safety and respect within her own home was completely disregarded. The trauma associated with this violation was compounded by the victim’s struggle to regain a sense of normalcy and self-respect in the aftermath of the crime,” said Fazriel.
Five prosecution and two defence witnesses were called to testify during the hearing.
