Abdul Rahman Sebli JC:

[1] The respondent was charged in the Magistrates Court with using criminal force to outrage the modesty of Raineh binti Hadimin, a 23 year old woman. The charge is as follows:

Bahawa kamu, pada 16 September 2006 lebih kurang jam 0700 malam bertempat di tepi jalan raya Kg. Sinisian Kundasang dalam Daerah Ranau, dalam Negeri Sabah, telah didapati menggunakan kekerasan jenayah bagi maksud mencabul kehormatan penama Raineh binti Hadimin perempuan 23 tahun, oleh itu kamu telah melakukan satu kesalahan dibawah s 354 Kanun Keseksaan dan boleh dihukum dibawah seksyen yang sama.

[2] He claimed trial to the charge but after the prosecution had called six witnesses to testify including the complainant he changed his plea to a plea of guilty. In his plea in mitigation he asked that he be sentenced to a fine only. He said he had three children, had no fixed job and was also supporting his parents in law. He also told the Court that his wife had just given birth and was still at the hospital. After entering a conviction against the respondent the learned magistrate ordered the respondent to behave himself for a period of one year pursuant to s 294 of the Criminal Pro