PUTRAJAYA – The Court of Appeal today upheld the sentence of 10 years’ jail and seven strokes of the rotan imposed on a Royal Malaysian Air Force (RMAF) corporal for forcing his colleague to perform oral sex on him and outraging her modesty.
A three-member bench comprising justices Datuk Seri Kamaludin Md Said, Datuk M. Gunalan and Datuk Hashim Hamzah dismissed Mohd Juhazei Ismail’s final appeal against his conviction and jail sentence.
Justice Kamaludin, chairing the panel, said the jail sentence imposed on Juhazei by the high court was reasonable as the court (high court) had already reduced the sentence from 15 years to 10 years.
“You are lucky they (prosecution) didn’t appeal,” justice Kamaludin told Juhazei.
According to the charge sheet, Juhazei, 35, committed the offences on the 28-year-old woman at a car park in Setia Alam, Shah Alam, Selangor between 9.30pm and 10pm on October 3, 2017.
In 2019, the sessions court found Juhazei guilty of both charges and sentenced him to 15 years’ jail and five strokes of the rotan for committing carnal intercourse against the order of nature and seven years and two strokes of the rotan for outraging the woman’s modesty.
The high court in 2020 dismissed Juhazei’s appeal against his conviction but allowed his appeal to reduce the jail sentence.
Juhazei’s jail term for the carnal intercourse offence was reduced to 10 years, while that for the molestation offence was reduced to five years.
The high court maintained the seven strokes of whipping.
Juhazei was ordered to serve the jail sentences concurrently, which means he would only serve 10 years.
Juhazei was represented by lawyer Charan Singh, while deputy public prosecutor Mohd Zain Ibrahim appeared for the prosecution. – Bernama, January 28, 2022
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