Monday April 28, 2008 MYT 3:50:13 PM
Judge: Five months for hugging girlfriend excessive
By PRISCILLA DIELENBERG
PENANG: Jailing a man five months for hugging his girlfriend is excessive, a High Court here ruled Monday.
"No one would dare go dating again with such an excessive punishment, given the relationship. No man would want to ask our anak dara (young women) out anymore. This is the reality of life," said Justice Abdul Rahim Uda.
He was hearing an appeal by rubber tapper Mohamad Roslan Zainol, 29, against his conviction and sentence for outraging an 18-year-old girl's modesty by hugging her at a beach in Telok Molek, Teluk Air Tawar, North Seberang Prai, at 9.30pm on Nov 29 last year.
According to the statement of facts, Mohamad Roslan was the girl's boyfriend and they had sought shelter under a tree when it began to rain. He then tried to kiss her and hugged her tight several times, but she struggled free and ran off.
The girl's brother later took Mohamad Roslan to a police station and lodged a report.
A magistrate's court in Butterworth had on Dec 3 last year jailed Mohamad Roslan five months after he pleaded guilty to the offence. His family later got him a lawyer and he was allowed a stay of execution on the jail term pending the appeal.
On Monday, Justice Abdul Rahim Uda said the sentence was unwarranted because of the couple's relationship.
DPP Muna Mohamed Jaafar agreed with the judge that the five-month jail term was excessive but said Mohamad Roslan had to be given appropriate punishment as a lesson for him and to those inclined towards such actions.
Justice Abdul Rahim dismissed Mohamad Roslan's appeal against his conviction, but allowed his appeal against his sentence.
In mitigation, Mohamad Roslan's counsel A. Premanand said his client had repented and promised not to repeat such offences.
Justice Abdul Rahim fined Mohamad Roslan RM1,500, in default three months' jail.
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