JUDGMENT

Augustine Paul J:

The accused was convicted under s. 307 of the Penal Code for the attempted murder of one Noor Junizah bte Mokhri (PW5) and sentenced to 10 years' imprisonment by the Sessions Court at Melaka. This appeal is by the accused against the conviction and sentence.

The Facts Of The Case

On 5 May 1997 at about 6.45pm. PW5, aged 11, went to a provision shop near her house to look for her sister. On arrival at the shop she saw a male person (the accused) seated on a red motor cycle. The colour of the motor cycle was confirmed by PW7 and PW9. PW5 said that the accused was wearing a black jacket and a crash helmet. She was not sure of the colour of his trousers. She started playing with her sister and friends. The accused then asked her to follow him to look for 20 cents that Nurul Suhana, one of the children she was playing with, had lost. She rode pillion on his motor cycle for about 15 minutes to a rubber plantation. The accused stopped at the side of the plantation near a road. PW5 alighted from the motor cycle. The accused then removed his crash helmet. He was about 10 feet away from her. She said that she could see his face clearly though it was a bit dark. He