Published: Wednesday October 3, 2012 MYT 7:07:00 PM
DBKL staff gets 2 years’ jail, 3 lashes for molesting boy
By MAIZATUL NAZLINA
KUALA LUMPUR: A Dewan Bandaraya Kuala Lumpur (DBKL) worker was jailed two years by a Magistrate's Court here after he was found guilty for molesting a 10-year-old boy in 2009.
Magistrate Adilah Mohtar also ordered A. Kalaivanan, 29, to be whipped thrice.
Adilah made the decision after the defence failed to establish reasonable doubt in the case.
She said Kalaivanan's testimony was mere denial and he had failed to produce witnesses to prove that he was at the scene to drink beer.
She ordered the sentences to run from Wednesday.
Kalaivanan was charged with outraging the modesty of the boy by rubbing his private part on the boy's buttock at the staircase area in Level 12, Block A, Cheras Ria flat in Taman Cheras Utama here at about 6.30pm on Feb 23, 2009.
He was accused under Section 354 of the Penal Code which carries a maximum of 10 years' jail or with a fine or any two of the punishments, if convicted.
In mitigation, counsel M. Mathavan said that his client was the sole breadwinner of his family, earned RM1,195 salary per month and had no previous conviction.
Earlier, the court allowed Deputy Public Prosecutor Ooi Chean Ling's application under Section 183A of the Criminal Procedure Code to call the boy and his father to give statements on the impact of the offence.
The boy told the court that he was scared and embarrassed because his friends had teased him following the incident.
"I could not focus on my study and was scared to go out of the house by myself as my friends would tease me after the incident happened," he said, adding, it took him between five and six months to overcome the fear.
The boy's 43-year-old father said his son's teacher and friends had also teased him in school.
Later, the Magistrate granted a stay of execution of the whipping.