Augustine Paul JCA:

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

Bahawa kamu pada 19 September 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 s 376 Kanun Keseksaan.

[2] 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 sentence. The accused appealed to the High Court against that order Having rejected this part of the appeal the High Court proceeded to reduce the term of imprisonment to 15 years on the ground that the Sessions Court had failed to consider the guilty plea of the accused. The accused appealed to this Court for an order that both jail terms be made concurrent.

[3] The facts of the case reveal that on 19 September 2001 at about 6.45pm the complainant, a schoolgirl aged eleven, was riding a bicycle in Parit Sulong. The accused, who was driving a motor car, knocked into her from behind. She fell down and suffered some injuries. The accused asked her to get into his car so that he could help her. She refused. The accused then pulled her into his car and drove to an oil palm estate at Ladang Felcra, Batu 19, Air Hitam, Muar. There he came out of the car and went to the back seat. He took off the clothes of the complainant and raped her. The accused then dropped her near Parit Sulong. Medical evidence showed that the complainant had a fresh tear in the hymen. The facts of the case in respect of which the accused had already been convicted was similar. The accused had also forcibly abducted the victim from the road and had raped her.

Section 282

With regard to sentences of imprisonment the following provisions shall be followed:

(a)...

(b)...

(c)...

(d) every sentence of imprisonment shall take effect from the date on which it was passed unless the Court passing the sentence otherwise directs.

s 292

(1) When a person who is an escaped convict or is undergoing a sentence of imprisonment is sentenced to imprisonment, such imprisonment shall commence either immediately or at the expiration of the imprisonment to which he has been previously sentenced, as the Court awarding the sentence may direct.

(2) A sentence of death shall be executed notwithstanding the pendency of any sentence of imprisonment.

(3) Nothing in subsection (1) shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.