Published: Friday March 22, 2013 MYT 6:26:00 PM
Updated: Friday March 22, 2013 MYT 6:41:05 PM
Court upholds 15 years’ jail, 10 strokes of bus driver for rape
PUTRAJAYA: The Court of Appeal on Friday upheld the conviction and 15 years' jail and 10 strokes of the rotan meted out against a factory bus driver for raping a factory operator inside a bus four years ago.
A three-member panel led by Justice Datuk Seri Abu Samah Nordin unanimously dismissed S.Vengadesvaran's appeal after finding that there was no merit in his appeal.
He said his conviction was safe even without the medical report of a medical officer who examined the victim.
"We have also no grounds to disturb the sentence as it is the discretion of the trial judge," said Justice Abu Samah who presided on the panel with Justices Datuk Alizatul Khair Osman Khairuddin and Datuk Tengku Maimun Tuan Mat.
Vengadesvaran, 29, was found guilty by the Sessions Court in George Town on Feb 25, 2011 of raping the 28-year-old woman inside the bus which was parked along Jalan Changkat Minden in Gelugor, Penang, at 11.20pm on June 30, 2009.
The High Court on May 7 last year dismissed Vengadesvaran's appeal and upheld the Sessions Court's decision. The facts of the case revealed that on the day of incident, the victim had worked overtime.
After finishing work at 10.30pm, she boarded the bus driven by Vengadesvaran.
After sending the entire night-shift factory workers home, Vengadesvaran then drove the bus to Simpang Changkat Minden and stopped it there.
He got off from the driver's seat and walked towards the victim who was seated in one of the passenger seats.
He then whipped out a sharp object and placed it on the victim's neck and demanded sex.
He then instructed her to follow him to the backseat of the bus and ordered her to undress, but she resisted.
The accused then assaulted her and punched her on the face forcing her to give in to his demand.
He raped the woman three times before sending her home, warning her not to report the incident to the police.
But the victim narrated the incident to her parents.
Vengadesvaran's lawyer Simon Murali earlier submitted that his client was not accorded a fair trial because he was deprived the right and opportunity to cross-examine the medical doctor who had examined the victim.
Deputy public prosecutor Yusaini Amer Abdul Karim said there was overwhelming evidence to prove that the crime had taken place. - Bernama