Zakaria Yatim J:

[1] The appellant was charged in the Sessions Court, Kuala Lumpur, with an offence of kidnapping a female minor aged 13 years 10 months from her lawful guardianship. He was also charged with an offence of raping the said female minor. The appellant was found guilty and he was convicted in respect of both charges. The learned President, Puan Rahman Hussein, sentenced the appellant to four years' imprisonment with effect from the date of arrest in respect of the first charge and six years' imprisonment with effect from date of arrest and fined him $5,000 in default nine months' imprisonment in respect of the second charge. Both sentences were ordered to run concurrently.

[2] The charges against the appellant are as follows:

First charge

That you on 24 April 1986 at about 2 pm at Vivekannanda Secondary School, Jalan Brickfields in the Federal Territory of Kuala Lumpur did kidnap one Farida bte Abdul Rahim, a female minor aged 13 years 10 months from the lawful guardianship of Hassan Fatimah bte Mohd Ibrahim and that you have thereby committed an offence punishable under s 363 of the Penal Code.

Second charge

That you on 9 May 1986 at about 9 pm at No 36/1, Jalan Sip