Published: Friday November 2, 2012 MYT 5:28:00 PM
Updated: Friday November 2, 2012 MYT 6:14:20 PM
Indian national gets 10 years, 5 strokes for assault and robbery
By QISHIN TARIQ
KUALA LUMPUR: The mother of an Indian national broke down after the Session Court here sentenced her son to 10 years prison and five strokes of the rotan for robbing a Nepalese factory worker of RM100.
"Just because people call you a judge, it doesn't mean you're a god," screamed the mother of E. Kularajah, when her son was found guilty of the offense that carried a maximum 20 years prison.
Upon hearing his sentence, Kularajah repeatedly shouted that he was innocent, while his mother begged the judge not to send her son to prison, saying "he will die in there".
Kularajah, 29, was accused of robbing Surya Bahadur Jogi, 26, of RM100 and a punch card in front Kularajah's house in Bandar Menjalara, at 7.30am on Oct 29, last year.
According to the facts of the case, Surya was walking to work with several friends when he was accosted by two men, who punched and slash him with a 6-inch knife then robbed him of the said items.
Judge K. M Nithiyanantham ruled that the defense, which claimed Kularajah did not commit the crime as he was sleeping at the time, had failed to raise reasonable doubt.
"The court as the last bastion, must protect the public through an appropriate sentence that will deter others from committing such crimes," said Judge Nithiyanantham.
Six witnesses were call upon in the course of the trial, which started on July 30.
Kularajah, whose lawyer failed to attend court, mitigated for himself, saying he had to care of his mother as she had diabetes and his father had passed away.
Surya came to the court to deliver his victim impact statement, and said the attack injured his face and cost him RM100.
DPP Izuddin Mohamad urged the court for an exemplary sentence saying the accused had cause physical harm during the robbery.
"While RM100 may not seem like much, it is a significant amount to Surya, who makes only RM900 a month," he said.
The court sentenced Kularajah to 10 years' prison and five strokes of the rotan.