PETALING JAYA, Nov 29 ― A former police lance corporal has been sentenced to 20 years in jail and 15 strokes of the cane for committing rape, unnatural sex and extortion on a female college student.
Sessions Court Judge Azhaniz Teh Azman Teh meted out the punishment to Muhamad Fazrul Fauzi, 31, today after ruling that the prosecution had succeeded in proving its case beyond reasonable doubt at the end of the defence's case.
The ex-cop received 20 years and 10 strokes for rape, 10 years and five strokes for carnal intercourse against the order of nature, and five years for extortion.
The court ordered the sentences to run concurrently.
However, the court also granted Muhamad Fazrul a stay of the sentence pending his appeal to the High Court but increased his bail from RM35,000 to RM55,000.
Muhamad Fazrul was found guilty of committing rape and carnal intercourse against the order of nature on the victim then aged 18 years and 11 months in a male toilet on the first floor of Dataran Sunway, Jalan PJU 5/13 here, between 1am and 1.45am on Jan 27, 2015.
The rape charge under Section 376(2)(f) of the Penal Code carries a maximum 30 years jail and whipping; the second charge under Section 377B of the Penal Code carries a maximum 20 years jail and whipping, on conviction.
Muhammad Fazrul was also found guilty of extorting RM500 from the victim after threatening her at the same place and date, that she would be expelled from the college and arrested by the Selangor Islamic Religious Department (JAIS).
The charge under Section 384 of the Penal Code carries a jail term of up to 10 years or a fine or whipping or any two of the punishments, on conviction.
Earlier in mitigation, counsel Datuk Ahmad Zaharil Muhayar sought for a lenient sentence for Muhammad Fazrul, “to allow him to repent”.
The accused, he said, had served in the Royal Malaysian Police for 10 years and was also the main breadwinner of his family.
However, deputy public prosecutor Nur Aishah Ahmad Zakiuddin urged the court to impose a heavy punishment on Muhammad Fazrul who she said, should not as a policeman have taken advantage of the student.
“The accused should have handed the girl to the (relevant) authority, that is JAIS, and not invited her out after bringing her to the police station,” DPP submitted.
According to the facts of the case, Muhamad Fazrul who is based at Kota Damansara police station caught the victim in close proximity with a male companion inside a car.
He ordered her to follow him to the police station but did not refer her to to the authorities but instead brought her to a location where he then committed the acts. ― Bernama