Sessions Court judge Azhaniz Teh Azman Teh today pronounced the sentence on Muhamad Fazrul Fauzi, 31, after ruling that the prosecution had succeeded in proving its case beyond reasonable doubt.
The former policeman received 20 years’ jail and 10 strokes of the cane for rape; 10 years’ jail and five strokes of the cane for carnal intercourse against the order of nature; and five years’ jail for extortion.
The court ordered the sentences to run concurrently.
However, the court granted Fazrul a stay of the sentence pending his appeal to the High Court, but increased his bail from RM35,000 to RM55,000.
Fazrul was found guilty of committing rape and carnal intercourse against the order of nature against the victim, then aged 18 and 11 months, in a male toilet on the first floor of Dataran Sunway, Jalan PJU 5/13 here, between 1am and 1.45am on Jan 27 last year.
The rape offence, under Section 376(2)(f) of the Penal Code, carries a maximum 30 years’ jail and whipping. The second offence, under Section 377B of the Penal Code, carries a maximum 20 years’ jail and whipping, upon conviction.
Fazrul was also found guilty of extorting RM500 from the victim by threatening her with expulsion from college and arrest by the Selangor Islamic Religious Department at the same place and time .
Extortion under Section 384 of the Penal Code carries a jail term of up to 10 years, a fine or whipping or any two of the punishments, upon conviction.
During mitigation, counsel Ahmad Zaharil Muhayar had sought a lenient sentence for Fazrul “to allow him to repent”.
The accused, he said, had served in the Royal Malaysian Police for 10 years and was also the sole family breadwinner.
However, deputy public prosecutor Nur Aishah Ahmad Zakiuddin urged the court to impose a heavy punishment on Fazrul, who as a policeman should not have taken advantage of the student.
“The accused should have handed the girl to the (relevant) authority, that is Jais, and not invited her out after bringing her to the police station,” the DPP submitted.
According to the facts of the case, Fazrul, who was based at the Kota Damansara police station, caught the victim in close proximity with a male companion in a car.
He ordered her to follow him to the police station but did not hand her over to the authorities. Instead, he brought her to a location where he committed the acts against her.