Farid Azhar Nawi, 47, was also given an additional two years’ imprisonment and two strokes of the cane, to run concurrently from the date of conviction, reported Berita Harian.

He was further ordered to undergo counselling during his sentence and to be placed under police supervision for one year after completing his jail term.

Judge Surita Budin delivered the decision after ruling that the defence had failed to raise reasonable doubt against the accused.

According to the charge, the accused was alleged to have committed physical sexual assault by touching the waist of the 13-year-old girl for a sexual purpose while being in a position of trust as her teacher at the school’s surau in Senawang at about 5.30pm on Aug 4, 2022.

The charge was framed under Section 14(a) of the Sexual Offences Against Children Act 2017, read together with Section 16(c) of the same Act.

Upon conviction, the offence carries a maximum sentence of 20 years’ jail and whipping, as well as an additional five years’ jail and two strokes of the cane.

In her judgment, Surita said the decision was made after hearing mitigation from the defence and submissions for a heavier sentence from the prosecution.

Taking into account the facts of the case, the testimony of all witnesses, the mitigation plea and public interest, she said the court was of the view that there could be no compromise in cases involving sexual assault against children.

She said the accused, as an educator entrusted with teaching children, had abused his position, causing the victim trauma and tarnishing the reputation of religious teachers and the school’s image.

“The accused should have protected and guided his students, not taken advantage of a victim who was only 13 at the time,” she said.

Earlier, the accused’s lawyer, Nor Azleen Khairina A Aziz, asked the court to impose a minimum sentence as her client intended to appeal the conviction.

She said her client had cooperated fully throughout the proceedings, was a first-time offender and had shown remorse.

She added that the accused has two wives and five children, three of whom are currently studying at universities. He is also caring for a 40-year-old younger brother diagnosed with autism.

Deputy public prosecutor Norazihah Asmuni requested a sentence that reflected the seriousness of sexual crimes involving children and the accused’s position as the victim’s teacher.

She said the accused was entrusted to take care of the children as an Islamic education teacher and the incident occurred in the surau during a lesson on that subject.

Norazihah urged the court to prioritise public interest over personal considerations.

The defence then applied for a stay of execution of the sentence pending appeal. This was objected to by the prosecution.

The judge allowed the stay, considering that the accused was a civil servant.

The court also increased the bail amount to RM20,000 with a family member as surety and ordered the accused to report to the nearest police station monthly and surrender his passport.