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By Dorcas Ting
KUCHING, April 25: Mathematics teacher Muhaini Bojeng, 53, was found guilty today of raping an underage student twice in 2017, a conviction that could result in a lengthy jail term.
Sessions Court judge Dayang Ellyn Narisa Abang Ahmad ruled that the prosecution had successfully proved the case beyond reasonable doubt and set May 2 for further submission.
Dayang Elly Narisa set that day for further submission after DPP Nor Azhari Yusof, in his submission today, urged the court to impose a deterrent sentence on the accused as he had breached the trust given by the victim and took advantage of her (victim).
Nor Azhari added that due to rampant sexual offences reported in Sarawak, a deterrent sentence was necessary in order to deter would-be offenders from committing such crimes in future.
Dayang Elly Narisa ordered Nor Azhari to submit, on May 2, statistics of sexual offences in the state and the sentencing trend of such offences committed by public servants, particularly those in the teaching profession.
The judge also ordered Muhaini to be detained in prison and be produced before the court again on May 2.
Muhaini, 53, from Kampung Tebakang Melayu, Serian, was charged with committing the offence under Paragraph 376(2)(d) of the Penal Code and Subsection 376(1) of the same Code for raping the 14-year-old girl sometime in August 2017 between 12.30pm and 2pm and again on Sept 14, 2017, at around 11.40am to 4pm in two different parking lots in Siburan.
Paragraph 376(2)(d) of the Penal Code carries imprisonment for not less than 10 years and not more than 30 years and shall be liable to whipping upon conviction. Subsection 376(1) of the Penal Code provides an imprisonment term that may extend to 20 years and shall be liable to whipping if convicted.
The accused’s counsel, Sylvester Wit Malang, in his mitigation, told the court that his client was married with three children who are still schooling and needed his financial support.
He further submitted that according to the facts, there was no proof of physical force when the incidents happened, meaning to say it was consented by the victim; therefore, he pleaded for a lenient sentence in terms of whipping.
Counsel later told reporters outside the court that although his client was married with three children, he had intended to marry his victim, too. — DayakDaily