Kota Kinabalu: A 22-year-old man was sentenced to nine months’ jail by the Magistrate’s Court for molesting a woman in her rented room.
Suhaidey Sutai pleaded guilty before Magistrate Wan Farrah Farriza Wan Ghazali to using criminal force on a 22-year-old woman with intent to outrage her modesty at 4.38am on May 4, this year, at a rented room in Sadong Jaya.
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The offence under Section 354 of the Penal Code carries a jail term of up to 10 years, or a fine, or whipping, or any two of such punishments, on conviction.
The court heard from the prosecution that the complainant was asleep in her rented room when Suhaidey entered and touched her shoulder at 4.38am on May 4.
She woke up and pushed him away after finding him on top of her body.
Suhaidey then fled the room but accidentally left behind his mobile phone.
The complainant took a photograph of the phone and its wallpaper before Suhaidey returned a few minutes later to reclaim it.
When confronted by the complainant over his actions, Suhaidey apologised to her.
Investigations revealed that the complainant did not know Suhaidey who had entered her room while she was sleeping.
The court ordered Suhaidey to serve the sentence from the date of his arrest on May 4.
In another case, two men were jailed for dishonestly retaining stolen property.
Unemployed Md Nasrin Juaini, 27, was jailed eight months after he pleaded guilty before Magistrate Marilyn Kelvin to keeping a stolen Honor 9C mobile phone belonging to one Benydick Yahya at a house in the Telipok Settlement Scheme, Manggatal, at 12.30pm on April 29.
The offence under Section 411 of the Penal Code carries a jail term of up to five years, or a fine, or both, on conviction.
Unrepresented, Nasrin asked for a lenient sentence from the date of arrest, saying he has two dependants, including his mother.
The prosecution applied for a deterrent sentence and for Nasrin to be referred to the Immigration Department after serving his sentence as he is undocumented, which the court allowed.
Earlier, the court heard from the peosecution that the complainant discovered his wallet, mobile phone and cigarettes were missing from his van parked outside a convenience store in Luyang, on March 25.
Police later arrested a man, later identifed as Nasrin, who led them to the stolen mobile phone kept at a house in the Telipok Settlement Scheme.
The complainant then identified the recovered phone as his property.
Meanwhile, 29-year-old Romaido Sailin was handed five months’ jail for a similar offence.
Romaido, who is also unemployed, admitted before Magistrate Wan Farrah Farriza to keeping stolen property comprising a standing fan, four mini fans and a mobile phone belonging to Tung Fong Reflexology at a rented room at Inanam Taipan, at 11.45pm on May 4.
The offence is also under Section 411 of the Penal Code.
The court heard that the complainant arrived at his shop at Inanam Taipan, at 9am on May 4 and found the upstairs door unlocked before discovering several items had been stolen.
Investigations led to Romaido’s arrest at a rented room in Inanam Taipan, where police also seized a standing fan, four mini fans and a mobile phone reported stolen in connection with the case.
The complainant later identified all the seized items as belonging to his shop.
Inspector Yusdi Basri prosecuted together with Deputy Public Prosecutor Arfa Anchal Khan.
