[Sila klik Translator untuk bahasa pilihan anda] KOTA KINABALU: A local man who was sentenced to 15 months’ jail by the Sessions Court here yesterday for inserting a brinjal into his wife’s vagina, admitted that he was influenced by what he saw after watching pornographic films.
The 40-year-old father of two pleaded guilty before the deputy registrar of the High Court, Zulkifli Abllah, to committing sexual connection by using object on his wife in a room of a house in a village in Tamparuli on December 2.
Zulkifli, who presided as a Sessions Court judge, convicted the accused under Section 377C A of the Penal Code, which carries a maximum 20 years’ imprisonment and also liable to whipping upon conviction.
The judge held that the accused person’s act was a serious one and expressed hope that he would not repeat the offence in future.
“I hope you will never ever repeat the same offence in the future because the Penal Code describes this offence as so serious and if the victim in this case had no relationship with you, I would not have hesitated imposing a heavier custodial sentence on you,” he warned.
The judge however said in passing sentence, he took into account the fact that the victim in this case was the accused person’s wife and as a husband he should have protected his wife instead of committing the proscribed act on her.
He further reminded the accused that if he was to ever repeat the offence, the court would subject a more deterrent sentence on him.
“Therefore, I hereby sentence you to 15 months’ jail from the date of arrest and hope that this punishment will make you repent,” said Zulkifli.
The facts of the case stated that on the same day after the incident happened, the victim lodged a report stating that her husband had inserted a brinjal into her vagina.
The 40-year-old father of two pleaded guilty before the deputy registrar of the High Court, Zulkifli Abllah, to committing sexual connection by using object on his wife in a room of a house in a village in Tamparuli on December 2.
Zulkifli, who presided as a Sessions Court judge, convicted the accused under Section 377C A of the Penal Code, which carries a maximum 20 years’ imprisonment and also liable to whipping upon conviction.
The judge held that the accused person’s act was a serious one and expressed hope that he would not repeat the offence in future.
“I hope you will never ever repeat the same offence in the future because the Penal Code describes this offence as so serious and if the victim in this case had no relationship with you, I would not have hesitated imposing a heavier custodial sentence on you,” he warned.
The judge however said in passing sentence, he took into account the fact that the victim in this case was the accused person’s wife and as a husband he should have protected his wife instead of committing the proscribed act on her.
He further reminded the accused that if he was to ever repeat the offence, the court would subject a more deterrent sentence on him.
“Therefore, I hereby sentence you to 15 months’ jail from the date of arrest and hope that this punishment will make you repent,” said Zulkifli.
The facts of the case stated that on the same day after the incident happened, the victim lodged a report stating that her husband had inserted a brinjal into her vagina.
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The victim also stated that before this the accused had committed the same act on her which caused her to be traumatised and emotionally disturbed.
The accused would insert the brinjal into her vagina every time they had sexual intercourse when at the same time the accused was also drunk.
If the wife refused to oblige what the accused wanted, he would become frenzy and throw things in the house.
In pleading for a lenient sentence, counsel Hamid Ismail for the accused submitted that the accused had cooperated well with the police throughout the investigation period.
Hamid said with the accused having no previous conviction and having pleaded guilty to the charge framed against him, he had tremendously saved a lot of the court’s time.
“During the incident, the accused was drunk and he committed the crime because he thought his wife had consented to it,” submitted Hamid, adding that being an uneducated man he did what he did, influenced by watching pornographic films with a friend.
Hamid further submitted that the wife had only suffered injury to her vagina and not to any other parts of her body.
“Taking into account that the most who suffered in this episode are their two sons borne from his 17-year marriage to the victim as well as his family members as all of them are unemployed and the accused being the sole breadwinner for the family,” he explained.
Hamid urged the court to impose a short custodial sentence taking into consideration that both the accused and the victim are husband and wife.
Prosecuting officer Assistant Superintendent Sabrina Jinius when pressing for a deterrent sentence, said the offence was committed without the consent of the victim even though they are husband and wife.
Jinius submitted that no wife would simply lodge a report against her husband without thinking of the repercussions on herself and their children.
Jinius had also tendered several photographs of the object used by the accused in this case.
The accused would insert the brinjal into her vagina every time they had sexual intercourse when at the same time the accused was also drunk.
If the wife refused to oblige what the accused wanted, he would become frenzy and throw things in the house.
In pleading for a lenient sentence, counsel Hamid Ismail for the accused submitted that the accused had cooperated well with the police throughout the investigation period.
Hamid said with the accused having no previous conviction and having pleaded guilty to the charge framed against him, he had tremendously saved a lot of the court’s time.
“During the incident, the accused was drunk and he committed the crime because he thought his wife had consented to it,” submitted Hamid, adding that being an uneducated man he did what he did, influenced by watching pornographic films with a friend.
Hamid further submitted that the wife had only suffered injury to her vagina and not to any other parts of her body.
“Taking into account that the most who suffered in this episode are their two sons borne from his 17-year marriage to the victim as well as his family members as all of them are unemployed and the accused being the sole breadwinner for the family,” he explained.
Hamid urged the court to impose a short custodial sentence taking into consideration that both the accused and the victim are husband and wife.
Prosecuting officer Assistant Superintendent Sabrina Jinius when pressing for a deterrent sentence, said the offence was committed without the consent of the victim even though they are husband and wife.
Jinius submitted that no wife would simply lodge a report against her husband without thinking of the repercussions on herself and their children.
Jinius had also tendered several photographs of the object used by the accused in this case.
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Meanwhile, to avoid the offence from occuring again, Hamid suggested to the court that besides the undertaking made by the accused not to repeat the offence, the family members must also avoid themselves from buying the type of vegetables which will likely be used by the accused to commit similar offence in the future.
Sumber = theborneopost.com
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