Kota Kinabalu: An undocumented part-time cook was sentenced to 14 months in prison on Friday for molesting his female colleague.
Abdul Hasim Osin pleaded guilty before Magistrate Wan Farrah Farriza Wan Ghazali to using criminal force against the 18-year-old woman with intent to outrage her modesty outside a restaurant at Kingfisher Plaza at about 7pm on July 8.
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The court heard from the prosecution that the complainant lodged a police report on July 10, alleging that she had been molested by Abdul, who was her co-worker.
Investigations revealed that the complainant, aged 18 years and one month, worked as a waitress at the restaurant, while Abdul was employed as a part-time cook on a daily wage.
The court was told that at about 7pm on July 8, the complainant and Abdul were outside the restaurant near the toilets when Abdul allegedly uttered obscene words before grabbing her private parts with his right hand.
The complainant, shocked by the incident, shouted at Abdul and questioned why he had done so. She then struck his left arm before leaving the scene.
A co-worker witnessed the incident, while the victim also informed the restaurant cashier about what had happened on the same day.
Feeling angry and distressed, the complainant later lodged a police report.
Abdul was arrested at about 7.30pm on July 10 outside another branch of the same restaurant at the Polytechnic Commercial Centre.
The offence under Section 354 of the Penal Code carries a maximum jail term of 10 years, a fine, whipping, or any two of the punishments upon conviction.
Unrepresented, Abdul pleaded for leniency, telling the court that he was married.
Deputy Public Prosecutor Akaash Singh urged the court to impose a custodial sentence and whipping, submitting that Abdul had touched the private parts of the young victim, who was only 18 years old.
He said the seriousness of the offence and public interest warranted a deterrent sentence.
The court ordered Abdul to serve his sentence from the date of his arrest and to be referred to the Immigration Department upon completion of his jail term.
In a separate case, a 28-year-old man was fined RM100 or three days’ jail for failing to provide a reasonable explanation for RM2,399 credited into his bank account.
Prasad Rajaendran pleaded guilty to committing the offence on Nov 15, 2022, at 5.37pm.
The charge under Section 22A(1) of the Sabah Minor Offences Ordinance carries a fine of up to RM100, imprisonment of up to three months, or both, on conviction.
