Raping underage girl is a crime
Marrying a girl after raping her is not an excuse to be free from punishment
P/s I dont know what is in the mind of the man. How could he rape the underage girl. I am strongly agree with the punishment in the judgement.This is a reminder for all man.
Kota Kinabalu: SESSIONS Court Judge Ummu Kalthom Abdul Samad made no bones about why she could not let Riduan Masmud off lightly.
She made it clear that he would have to bear the consequences of his crime although he had married the victim, pointing out that the rape was committed before they were married.
Ummu held that the court also could not place Riduan on a good behaviour bond as suggested by his counsel since it would send the wrong message to would-be offenders and the public at large that they can simply rape an underage girl and then marry her.
“This is not a message that this court would like to send out. The maximum punishment of 20 years’ imprisonment and with whipping reflects the seriousness of the offence,” held Ummu, who gave seven grounds in her judgement.
Having said that, she also took into consideration that there was no force used by Riduan against the victim in committing the offence.
Ummu said there was evidence during the trial that the victim had befriended Riduan and they had contacted each other for two months before the incident took place when the victim met him for the first time. The victim had come to know Riduan through the social platform – Facebook – where Riduan had posted his age as 24.
Ummu noted that on the day of the incident, the victim had asked her best friend to accompany her to Inanam town before going to school and that she had her aunt’s permission to go to school early that particular morning to take a book from the school.
“However, they took a public bus instead of their normal routine of taking the school bus since they were going to Inanam town. At Inanam town, Riduan came in a car and fetched them,” said Ummu, adding that Riduan then drove to Kionsom waterfall where he raped her in the car in the presence of the victim’s friend.
“The date of the incident was the first time the victim and Riduan met each other and there was evidence to show that it was the victim’s idea for them to meet.
“However, her behaviour cannot mitigate the offence of the accused,” she said.
Riduan is a matured adult who should have known better than to exploit the reckless behaviour of an underage girl, said Ummu.
“The accused is not a love-struck teenage boy, he is a 40-year-old family man.
Unfortunately, being a married man and a father of four could not stop or prevent him from desire and lust upon seeing a young teenage girl,” said Ummu.
She also held that the victim was only 12 years and six months old at the material time and a matured adult who had sexual intercourse with children should not expect a lenient sentence.
The circumstances in which it was committed and the degree of deliberation shown by Riduan do not permit any lenient sentence, held Ummu.
Ummu said based on the evidence, the victim is now no more schooling and has been deprived of her teenage time with her becoming housewife.
She further said that she gave some consideration to Riduan’s mitigating factors and his personal circumstances and also the fact that the victim is now Riduan’s second wife.
“Although they are married, the accused still has to face the consequences of the crime which he had committed before the marriage took place,” said Ummu.
Source : Dailyexpress.com.my