Justice Radzi Abdul Hamid handed down the sentence on Ahmad Shamil Ashraf Zainuddin, 22, who pleaded guilty to an alternative charge of causing death by negligence.

He was ordered to serve the sentence from the date of his arrest on March 29, 2021.

Shamil was charged with causing the death of 21-year-old Farah Najwa Ab Rahman’s newborn child in a bush near Pusat Asuhan Tunas Islam Ahmadiah, Melaka Tengah, between 12.01am and 10.30 pm on March 29, 2021.

The charge was framed under Section 304(a) of the Penal Code, which provides imprisonment of up to 30 years or a fine, or both, upon conviction.

Deputy public prosecutor Nabilalif Rosli appeared for the prosecution, while lawyer M Vinodharan represented the accused.

Earlier, Radzi, when handing out the sentence, said the court considered the accused’s action irresponsible.

“Although you panicked that your girlfriend had given birth at home, this is not a good reason to justify what you did.”

He said Shamil should be thankful that the original murder charge was reduced to that of causing death by negligence.

“In life, we are always faced with making choices. God gives us the wisdom to make the right choice. Hopefully, this punishment teaches you a lesson.”

According to the facts of the case, Farah started bleeding after giving birth at home and sought treatment at Melaka Hospital.

When the hospital staff asked about the condition of her baby, Farah did not know where the baby was. She told them the baby was alive because she had heard his cries after birth.

The staff then told her to contact Shamil to bring the baby to the hospital. Soon after, the baby was found with Farah, wrapped in a cloth.

The results of the autopsy found there were no broken bones but the lungs showed the effects of congenital pneumonia.