Arfah Jasmi 
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[2007] MLJU 500
Public Prosecutor v Mohammad Arfah bin Jasmi
High Court (Kuching)
Haji Hamid Sultan Bin Abu Backer, JC
CRIMINAL APPEAL NO 42–17–2006–11
17 August 2007
CRIMINAL PROCEDURE — Appeal — Appeal against sentence — Prosecution discouraged from filing appeal where there is no clear error on part of trial judge
CRIMINAL PROCEDURE — Sentence — Statutory rape
Fazillah Begum bt Adbul Ghani (Jabatan Peguam Negeri, Sarawak)
Responden In Person
JUDGMENT
[1] This is my judgment in respect of the prosecution 's appeal against inadequacy of sentence passed by learned sessions judge. The accused was not represented here and the court below.
[2] The accused was charged as follows:
1.
"That you, on the 13th October, 2003, at about 3.00 a.m. at house No.196A, Kampung Tabuan Hilir, Kuching in the State of Sarawak, committed rape on one Nor Izza Shakirah Bte Jaraini (F), 13 years old and you thereby committed statutory rape which is an offence punishable under Section 376 of the Penal Code.
2.
That you, on the 13th October, 2003, between 5.00 p.m. and 6.00 p.m., at house Lot No.1608, Lorong Juara 1C, Taman Sukma, Petrajaya, Kuching, in the State of Sarawak, committed rape on one Nor Izza Shakirah bte Jaraini (F), 13 years old and you thereby committed statutory rape which is an offence punishable under Section 376 of the Penal Code.
[3] Section 376 of the Penal Code reads as follows:
Whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.
[4] The facts of the case disclosed that while the victim was playing at her neighbour 's house, the accused came and took the victim out to Petrajaya Complex. Later at about 11.30 p.m., the victim was afraid to go home for fear of being scolded by her father. At about 12.30 a.m. the next morning, the respondent brought the victim to the house of one Raduan Bin Mos where they were allowed to sleep in the sitting
[2007] MLJU 500
Public Prosecutor v Mohammad Arfah bin Jasmi
High Court (Kuching)
Haji Hamid Sultan Bin Abu Backer, JC
CRIMINAL APPEAL NO 42–17–2006–11
17 August 2007
CRIMINAL PROCEDURE — Appeal — Appeal against sentence — Prosecution discouraged from filing appeal where there is no clear error on part of trial judge
CRIMINAL PROCEDURE — Sentence — Statutory rape
Fazillah Begum bt Adbul Ghani (Jabatan Peguam Negeri, Sarawak)
Responden In Person
JUDGMENT
[1] This is my judgment in respect of the prosecution 's appeal against inadequacy of sentence passed by learned sessions judge. The accused was not represented here and the court below.
[2] The accused was charged as follows:
1.
"That you, on the 13th October, 2003, at about 3.00 a.m. at house No.196A, Kampung Tabuan Hilir, Kuching in the State of Sarawak, committed rape on one Nor Izza Shakirah Bte Jaraini (F), 13 years old and you thereby committed statutory rape which is an offence punishable under Section 376 of the Penal Code.
2.
That you, on the 13th October, 2003, between 5.00 p.m. and 6.00 p.m., at house Lot No.1608, Lorong Juara 1C, Taman Sukma, Petrajaya, Kuching, in the State of Sarawak, committed rape on one Nor Izza Shakirah bte Jaraini (F), 13 years old and you thereby committed statutory rape which is an offence punishable under Section 376 of the Penal Code.
[3] Section 376 of the Penal Code reads as follows:
Whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.
[4] The facts of the case disclosed that while the victim was playing at her neighbour 's house, the accused came and took the victim out to Petrajaya Complex. Later at about 11.30 p.m., the victim was afraid to go home for fear of being scolded by her father. At about 12.30 a.m. the next morning, the respondent brought the victim to the house of one Raduan Bin Mos where they were allowed to sleep in the sitting
References: Saturday, February, 21, 2015, 21:11 EST 1 of 1