KLANG - A senior citizen was sentenced to 10 years in prison today after he was found guilty of physical sexual assault on an eight-year-old girl by kissing her on the mouth, two years ago.
Judge Syafeera Mohd Said meted out the sentence on Zakaria Kamaludin, 67, after finding the defence had failed to raise reasonable doubts on the case at the end of the defence case.
She ordered Zakaria to serve the jail sentence from today and to undergo counselling throughout his imprisonment, as well as to be placed on a two-year probation supervision after completing his time.
However, the court allowed a stay of execution of the sentence following an application by Zakaria’s lawyer, M. Thanakumaran, to appeal against the sentence considering his client’s health, but subject to the condition that appeal be filed within 14 days, failing which Zakaria would be sent to prison.
The proceeding today was held at the Tengku Ampuan Rahimah Hospital here as the accused was warded there earlier for breathing difficulties.
Zakaria was charged under Section 14(a) of the Sexual Offences Against Children Act 2017 which is punishable by up to 20 years imprisonment, and also whipping, upon conviction.
He was charged with committing the offence in a house in Meru near here at 5.40 pm on April 21, 2021.
In mitigation, Thanakumaran appealed for a lighter sentence on the basis that his client is a senior citizen, has a heart condition, and his health is deteriorating.
However, Deputy Public Prosecutor Nur Ayuni Jamri requested a stiffer sentence due to the tender age of the victim, who was only eight at the time.
"The accused’s act of physical sexual assault on the victim shows that he disregards the laws of the country and religious law which prohibit such acts. The accused also had no decency and compassion for this young victim, with a vast gap of 57 years between them.
"I also ask the court to take into account the trauma suffered by the victim as a result of this disgusting and heinous act by the accused. It is a very serious offence and deserves a harsh punishment as a deterrent to the community not to commit similar offences, " she said.
Six prosecution and three defence witnesses testified throughout the trial which started on Feb 7. - BERNAMA