17 years’ jail, 10 lashes for sodomising boy
KUCHING: A jobless man convicted and sentenced to 17 years behind bars for sodomising a four-year- old boy was ordered to be given 10 lashes by the Sessions Court here yesterday.
Zainal Bujang from Kampung Bintawa Tengah, Petra Jaya was convicted on his own plea of guilt when he appeared before Judge Timothy Finlayson Joel.
He had admitted to the charge framed against him under Section 377C of the Penal Code when his case was first mentioned in court on Nov 17.
He was given a chance to engage a counsel for his mitigation but yesterday he was not represented by any lawyer, preferring to do his own mitigation.
Telling the court he had a mental problem, he tendered his psychiatrist report dated 2004, and pleaded for a lenient sentence.
The prosecutor responded that the report was made 12 years ago and that he should have continued treatment.
He agreed with the prosecution’s submission of the record of his mental illness though it was unsure whether he still suffered from the same illness at the relevant time.
The judge took into consideration public interest, nature of the offence, and brief facts of the case.
Timothy said the sentence imposed must send a message loud and clear to any would-be offender and consider public interest, given the seriousness of the offence.
He lamented the heinous act committed on the youngster while the victim’s seven-year-old brother witnessed the incident and was unable to stop the criminal act.
The judge noted that the prosecution had tendered a previous record of case law of sodomy on a minor, though no cases involved a victim less than five years old.
“It shows this case is very serious,” he said before handing down the decision.
Zainal had admitted to committing the offence at his house at Ampung Bintawa Tengah in Petra Jaya on Nov 5 during the day time.
The victim was sodomised in the accused’s room after being lured there by him.
The accused and the victim are neighbours.
The case came to light after the victim’s brother told their mother about the incident.
She brought the victim to lodge a police report followed by a medical check up. The medical report showed signs of sodomy.
The custodial sentence was to take effect from the date of the accused’s arrest on Nov 10 this year.
Prior to his arrest, he had sought refuge in the ceiling of his wooden house after noticing the arrival of a police team around 8.30am.
Later police spotted smoke coming from the ceiling and believed he had started a fire, so he could call Fire and Rescue Department for assistance.
He finally came out from hiding and jumped to the ground where police personnel were waiting.
It was learned that police had tried to arrest him on a number of occasions over the past few days but he had escaped by jumping into a nearby river.