Augustine Paul JCA:

The accused was charged with an offence of rape in the Sessions Court at Muar. The charge reads as follows:

Bahawa kamu pada 19.9.2001, di antara jam 6.45 petang hingga 8.45 malam di kawasan Kebun Kelapa Sawit Ladang Felcra, Bt 19, Air Hitam, Muar, di dalam daerah Muar, di dalam Negeri Johor telah merogol seorang kanak-kanak perempuan Melayu bernama Rabaitul Adawiyah bt Sulaiman (Tarikh Lahir 29 Januari 1990). Oleh yang demikian, kamu telah melakukan satu kesalahan yang boleh dihukum di bawah Seksyen 376 Kanun Keseksaan.

The accused pleaded guilty. On 14 January 2003 the Sessions Court imposed a sentence of 18 years' imprisonment and 12 strokes of the rotan. The sentence was ordered to take effect consecutively to another term of imprisonment of 16 years that the accused was then serving. It was also for an offence of rape which was committed on 14 October 2001. It must be observed that that offence was committed subsequent to the offence in the present charge though it was disposed off earlier on 19 September 2002. The Sessions Court refused an application by the accused to order the sentence imposed in this case to run concurrently with the earlier se