10 years' jail and rotan for raping a minor

2009/11/07

By Alina Simon and Rita Jong

KUANTAN: A 61-year-old labourer, who lured an underage girl to have sex with him by paying her between RM5 and RM15 for each session, was yesterday sentenced to 10 years' jail and six strokes of the rotan.

Che Hassan Che Nawang, of Padang Jaya in Kampung Jaya Gading here, raped the 11-year-old girl for about a year, but was charged with committing the offence at his home in Jaya Gading at 2pm on Oct 19. He pleaded guilty.

Those aged 50 and above are spared the cane except for offences such as rape, carnal intercourse against the order of nature without consent, sexual connection with an object and inciting a child to an act of gross indecency.

Che Hassan's counsel, Zaharman Zainal Abidin, in mitigation, urged the court to spare his client from caning because of his age and poor health.

He said the divorced father of five had repented and was looking after his youngest child, who is mentally handicapped.

He added that his client's admission of guilt had saved the court's time and money.

Che Hassan Che Nawang paid the victim between RM5 and RM15 each time he raped her

Deputy public prosecutor Mahadi Abdul Jumaat, however, pressed for a heavy sentence for rapists, especially those who preyed on minors.

"The accused is a mature adult, while the victim was only 11. He should have known that he had a responsibility to protect the girl instead of taking advantage of her.

"If he could commit the crime at his age, then he has the strength to undergo caning."

In passing sentence, Sessions Court judge Ahmad Zamzani Mohd Zain ordered the jail term to begin from Nov 1, the date of his arrest.

Che Hassan had befriended the victim at a grocery shop in March last year and persuaded her to go to his house in Jaya Gading, where he raped her on numerous occasions.

Each time, he would give her between RM5 and RM15. The incidents continued until Oct 19.

The girl's ordeal ended when she confided to a neighbour, who lodged a report on Oct 22.

The victim was sent to Tengku Ampuan Afzan Hospital here on Oct 23, where medical checks confirmed that she had been raped. The accused was detained on Nov 1.

The girl and her 9-year-old brother were also victims of abuse by their 40-year-old stepmother, who was recently sentenced by the magistrate's court here to 20 months' jail.

The siblings are under the care of the Welfare Department.

In Petaling Jaya, a 49-year-old technician was sentenced by the Sessions Court yesterday to 10 years' jail and six strokes of the rotan for attempting to rape a minor and for raping her.

Hamdan Ahadluddin, who was also a former secretary of the Taman Aman Umno branch under the Petaling Utara Division, was found guilty of committing the offences after a trial in which 11 witnesses took the stand.

The rape allegedly took place just 10 days before he was supposed to marry the 15-year-old victim's mother.

Hamdan was charged with attempting to rape the girl in November 2004 and raping her on Jan 21, 2005, at a house in Lembah Subang.

Judge Rozina Ayub dismissed Hamdan's defence that he was not at the house at the time of the offences as bare denial and an afterthought.

She sentenced him to 10 years' jail and six strokes of the rotan for rape and another six years' jail for attempted rape.

The jail terms will run concurrently from the date of his arrest on Feb 7, 2005.

In mitigation, Hamdan, who was not represented, pleaded for leniency as he was a diabetic.

"At the time of the alleged offences, I was a divorcee with three children to support.

"I have repented and hope the court will give me a chance to reunite with my family soon."

DPP Shah Rizal Abdul Manan, however, pressed for a deterrent sentence to teach the accused a lesson and to relay a message to would-be offenders on the gravity of the offences.

"The rape occurred just 10 days before his marriage to the victim's mother," he said.

"He took advantage of the girl and, now, she has been left traumatised for the rest of her life."

Rozina also rejected Hamdan's application for a stay of execution pending appeal.

She, however, commended the accused for his demeanour in court and on how he had conducted his trial.

"I hope you have really repented and you should consider taking up law," she said.

"You can be a lawyer, judging by the way you act and how you conducted yourself professionally in court."

She said he had a bright future and not to waste it.