The defendant pleaded not guilty to three charges consisting of (i) attempted rape, under section 376 of the Penal Code, (ii) causing harm, under section 323 of the Penal Code, and (iii) theft of personal property, under section 379 of the Penal Code. The court found the complainant credible, and her version of the events consistent with a note she wrote shortly after the incident and her evidence in court, despite minor discrepancies and details left out in the note. On the contrary, the court found the defendant’s version far-fetched and unacceptable. Corroborating evidence for the complainant included her distressed condition as observed by a witness immediately after the incident, her note, the injuries a doctor found on her and the discovery of her torn underwear on the road-side. The court found that the defendant made an effort to have sexual intercourse with the complainant against her will and without her consent. The court convicted the defendant of (i) attempted rape, with a sentence of six years imprisonment and four strokes, (ii) causing hurt, with a sentence of one month imprisonment and (iii) theft, with a sentence of three months imprisonment. The sentences were to run concurrently.
Public Prosecutor v. Mohd Tamin Bin HJ Ahmad