KOTA KINABALU: A 39-year-old e-hailing driver was sentenced to five years jail and one stroke of whipping for committing a sexual offence against a teenage boy.
Sessions Court judge Noor Hafizah Mohd Salim meted out the sentence on Marto Basinau after he pleaded guilty to the charge framed against him yesterday.
Marto had touched the private parts of the 15-year-and-three-month-old boy inside a car, which was driven by Marto, along a village area in Penampang at 5.15am on February 7.
The offence was framed under Section 14 (a) of the Sexual Offences Against Children Act 2017, which carries a jail term of up to 20 years and also liable to whipping, upon conviction.
Based on the facts, the boy requested for an e-hailing car service from his home for a ride to school.
Marto, who was the driver, however, had unzipped the boy’s trousers during the journey to school and the boy kept still due to fear.
Upon arrival at the school, the boy told a male teacher regarding the incident and went to the boy’s sister and eventually they lodged a police report thereafter.
In mitigation, the accused, who was not represented, pleaded not to be put in jail as he has a wife to support and other commitments, including car and rent, to pay.
However, deputy public prosecutor Nur Faezah Jafry urged the court to impose a deterrent sentence against the accused on the grounds that it was a serious offence and the accused had taken advantage of a 15-year-old boy, whom he was supposed to send to school.
She also said the victim was traumatized due to the incident and therefore a deterrent sentence would be a lesson to the accused and public at large.
The court ordered for the jail term to take effect from yesterday.
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