KOTA KINABALU: A man, who is paralyzed due to an accident prior to his trial, has escaped a jail sentence after he was given a two-year bond of good behaviour for raping his teenage lover three years ago.
Sessions Court judge Azreena Aziz handed down the sentence on Mohd Azhar Jeminos, 23, yesterday, pursuant to Section 294 of the Criminal Procedure Code.
Mohd Azhar initially decided to plead guilty at the defence stage of the trial to raping the 15-year-old girl at a hut in a village in Tuaran in early March 2015.
The offence, framed under Section 376(1) of the Penal Code, is punishable with a jail term of up to 20 years and whipping, upon conviction.
The bond was imposed with a local surety, who must be a family member, in the sum of RM10,000 with RM5,000 to be deposited. A deposit sum of RM1,500 was ordered to be paid yesterday while the balance on or before July 30.
Azhar was also ordered to pay a RM10,000 compensation to the victim, in default, six months’ jail, and to be placed under police supervision for two years after serving his sentence.
The court allowed for the compensation to be paid in monthly instalments of RM400, with the first payment to be made on or before July 30. The final sum of RM400 will be on August 28, 2020 which the court fixed for remention to review the payments.
Mohd Azhar, who appeared to be limping as he walked to the accused dock assisted by his mother, looked calm when the judge meted out the sentence on him.
Deputy public prosecutor Husna Abdul Halim prosecuted while Azhier Farhan Arisin defended Mohd Azhar on pro bono basis.
In a separate case, another accused walked out a free man after he was discharged and acquitted without calling for his defence from a similar offence.
Sessions Court judge Noor Hafizah Mohd Salim made the decision in the case of Darma Wangsa Hari, 25, after ruling that the prosecution had failed to establish a prima facie case against the accused.
Darma was accused of raping a 22-year-old woman inside a car parked at the roadside of the Shantung Road, Penampang at 10.30 pm on April 17, 2017.
The prosecution had called 11 witnesses during the proceedings while Darma was defended by counsel Hairul Vaiyron.