Public Prosecutor v. Yaha Bin Mansor

The defendant pleaded not guilty to (i) two charges of attempted rape and (ii) two charges of rape, punishable under section 376 of the Penal Code. The prosecution withdrew the fourth charge during the trial. The court noted that since the complainant was under the age of 14 at the time of each alleged incident, her consent was not relevant. As the court found no corroboration of the complainant’s evidence, it had to rely upon her credibility. The court found that the complainant was exaggerating when she claimed that the defendant attempted to rape her. The court did not agree that he did more than commit an act of indecency under Section 354 P.C., which contains the offence of assault or criminal force used on a woman with intent to outrage her modesty. The court acquitted the defendant of attempted rape and rape, but convicted him of the offence of indecency for all three charges. He was sentenced to three years and four strokes for each of the three charges, which are cumulative and consecutive sentences. The defendant was ordered to serve a total of nine years and suffer a total of 12 strokes, with a reduction for time already spent in custody.



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