Youth charged with rape of underage girl avoids jail


SEREMBAN: A 20-year-old college student has been ordered to complete 240 hours of community service after he pleaded guilty at the Sessions Court here to a charge of raping his underage girlfriend.

Judge Surita Budin ordered the student, who was 19 when the rape took place, to complete the punishment within two years.

The accused, who was then an odd job worker, was charged with raping the 13-year-old girl at a hotel room in Port Dickson at around 3pm on May 15.

He was charged under Section 376(1) of the Penal Code, which carries a jail term not exceeding 20 years and whipping.

“After considering mitigation from the defence, perusing evidence before the court as well as the social report from the Welfare Department, the court finds that the jail and whipping sentence is inappropriate in this case,” she said.

Surita also ordered the student to provide a RM5,000 collateral with one surety to ensure he completes the community service within the given period.

She said in the event the accused failed to complete the punishment, he could be brought back to court again to face the same charge.

“You are also to report at the nearest police station on the first of every month and attend counselling sessions arranged by the Welfare Department,” she said.

Earlier, his counsel Kartikeyan Supramaniam requested that the accused be made to undergo community service as he was a young offender.

He said the victim was the girlfriend of the accused and he had not caused her any injury.

“He has vowed to turn over a new leaf after having enrolled for a programme at a college here.

“My client is remorseful and has promised never to repeat this mistake,” he said, adding that the student had never run afoul of the law prior to being charged with the offence.

Kartikeyan said being a young offender, the accused should be given an opportunity to pursue his studies for a better future.

Deputy public prosecutor Nurul Balkis Zunandi asked the court to impose a sentence commensurate with the crime.

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