Illegal gets 28 years’ jail plus 22 strokes
Published on: Friday, July 01, 2022
By: Lagatah Toyos
The accused (centre) being led out of court after the sentencing.
TAWAU: A 22-year-old illegal immigrant who abducted, caused grievous hurt to a seven-year-old girl and later raped her while she had already fainted, was sentenced to a total of 28 years’ jail and ordered given 22 strokes of the cane.High Court Deputy Registrar Amir Shah Amir Hassan, who sat as Sessions Court judge, meted out the sentence to Mohamad Tahir Abraham after he pleaded guilty to three charges against him.
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In handing down the sentence, Amir said the court has the duty to impose a heavy sentence on the accused in order to give him a lesson and reminder, as well as others, against committing similar offences.
He said Mohamad’s actions were “very cruel, heartless and worse than animals.”
Amir added that Mohamad, in mitigation, merely asked for a lenient sentence without showing any remorse or sympathy.
According to him, the court had fully considered the interests of the victim who was physically, mentally and emotionally disturbed.
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“The animal-like actions of the accused should be punished like animals…the accused must accept the effects and consequences of his own actions,” he said.
On the first count, Mohamad, a fisherman, was jailed 20 years plus 18 strokes of the cane for raping the minor between 8.50pm and 9pm on April 7, 2021 in the bushes in front of the victim’s house in Semporna.
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The offence under Section 376(2)(e) of the Penal Code carries a jail term of between eight and 30 years, and whipping, on conviction.
On the second count, he was sentenced to four years’ jail and ordered given two strokes of the cane for causing grievous hurt to the victim by punching her head and chest, slapping her face, strangling her neck and kicking her from the back, at the same place and time.
On the third count, Mohamad was sent to prison for another four years and ordered given two strokes of the cane for kidnapping the minor.
The court ordered Mohamad to serve the jail sentences consecutively and to be referred to the Immigration Department after completing his jail sentence.
During mitigation, Mohamad, who was not represented, asked for leniency.
However, Deputy Public Prosecutor Mohd Suhaimi Suriana urged the court to impose a deterrent sentence, considering public interest and the trauma suffered by the victim as a result of Mohamad’s cruelty.
The court heard that Mohamad had covered the victim’s mouth before pulling her out from her house and taken into the bushes near the victim’s house some 200 metres away.
The victim was then laid on the ground and punched on the head, eyes, mouth and chest, slapped, strangled in the neck and kicked several times until she fainted, and later raped her.
After raping her, Mohamad left the scene and went to a wedding ceremony in the village.
A police report was lodged by the victim’s grandmother, 42, after the victim was found at 5.30am the next day in a badly injured condition by the villagers. The victim was earlier reported missing overnight at the location.Stay up-to-date by following Daily Express’s Telegram channel.
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