Published: Friday September 21, 2012 MYT 3:50:00 PM
Rapist bomoh gets his sentence enhanced on appeal
By NURBAITI HAMDAN
SHAH ALAM: A 55-year-old 'bomoh', convicted of rape, appealed for a lighter sentence but was hit with an enhanced sentenced jail term and more strokes of the rotan.
Mohd Ikrar Munjeet Abdullah was sentenced to 20 years in jail - the maximum jail time provided for the offence under Section 376 of the Penal Code - and 10 strokes of the rotan.
He had been sentenced to 15 years in jail and six strokes of the rotan after a Sessions Court found him guilty last year of raping a lab assistant (then 22) at unit D-G-17, Blok D, Apartment Dahlia, Taman Bunga Raya, Bukit Beruntung in Rawang between 11 am on Dec 13, 2008, and 9am on Dec 14 the same year.
The victim had sought treatment from the accused to dispel 'illness' and 'bad luck'. However, instead of treating the victim, the accused raped her six times.
At one point during her ordeal, the woman said she was hungry and, when the man went to get her some food, she jumped out of the apartment unit, naked.
She took some clothes that was hung to dry on a line (ampaian kain) to cover herself and pleaded for help from a woman passing by with her child. She was taken to the nearest police station.
Mohd Ikrar, who was unrepresented, read his submission for a lighter sentence from the accused dock.
"According to the medical report, semen was not found in the vagina and on the mattress. The doctor's report also said it is possible for the victim to inflict tears on her vagina.
"I did not do what was accused of me," he said.
DPP Fazillah Begum Abdul Ghani said semen was not found because the accused carried the victim to the bathroom and bathe her each time after he forced sex on her.
High Court judge Justice Nurchaya Arshad, in her judgement, said there was no reason for the court not to believe the victim's testimony.
"The accused had clearly taken advantage of the victim who was seeking treatment. He strangled and threatened the victim to get her to comply to his desire. Submission can happen because of fear, force or deception.
"The Sessions Court made the conviction based on facts and the law. Because such crimes are rampant nowadays, this court is increasing the sentence," she said.