RM5,000 fine for woman who pleaded guilty to dumping baby in drain
KUCHING: A woman who pleaded guilty last month to concealing the birth of her baby by throwing the infant into a drain, was yesterday fined RM5,000 in default nine months’ imprisonment.
Magistrate Zaiton Anuar meted out the sentence on Afiqah Azman, 20, after hearing the social report and examining the proposal submitted by the Welfare Department.
The department had recommended for the accused to be fined in view of her age, and also taking into account public interest, facts of the case, and mitigation of the accused.
Afiqah, who was unrepresented by counsel, was charged under Section 318 of the Penal Code, which provides for a maximum jail term of two years or a fine, or both, upon conviction.
She was accused of throwing her newborn baby into a drain with the aim of concealing the birth, between 7pm and midnight on Jan 18 this year in Bandar Baru Semariang.
Based on the facts of the case, she went to Sarawak General Hospital ( SGH) for treatment due to bleeding.
The doctor on duty examined her and found that she was suffering from severe bleeding, in addition to having signs of having given birth.
The doctor then questioned Afiqah, who denied having given birth and refused to say anything further, prompting the doctor to lodge a police report.
Following her arrest, Afiqah led police to a monsoon drain near her house the following day where the baby’s body was found. A DNA test later proved Afiqah was the mother.
Earlier, prosecuting officer Insp Merylene Lindan Andrew Mang urged the court to impose a deterrent sentence against the accused to commensurate with the seriousness of the offence.
Afiqah, in mitigation, appealed to be given the minimum sentence, telling the court that she regretted her action.
Afiqah’s mother, who was also present, informed the court that her daughter had shown a change in her behaviour and that she was now helping the family earn an income by selling ‘kuih’ (local cakes).