Kuantan High Court reverses acquittal of two friends in RM66,300 fraud case
The court upheld a 12-month jail sentence and RM5,000 fine, or six months' jail in default, against Rosli Awang Ngah, 62, a settler.
Shahrul Azizul Musa, 44, and Muhammad Azman Zainal Hamzah, 36, were initially acquitted by the Sessions Court on Sept 13, 2023, while Rosli was convicted.
High Court judge Datuk Mohd Radzi Harun allowed the prosecution's appeal against the acquittal of Shahrul Azizul and Azman, and dismissed Rosli's appeal against his sentencing.
The three had previously been jointly charged with deceiving a 53-year-old man into surrendering RM66,300 as a deposit for leasing an oil palm plantation at Sungai Cherabang.
They committed the offence between Feb 15 and June 19, 2019, through three transactions made to bank accounts belonging to Rosli and Shahrul Azizul in Kuala Lipis and Raub, respectively.
The money was allegedly meant to help secure a deal with the authorities and government, leading the victim to hand over the cash.
The charge was framed under Section 420 of the Penal Code, which carries a maximum penalty of 10 years' imprisonment, whipping, and a fine upon conviction.
The prosecution was led by Malaysian Anti-Corruption Commission deputy public prosecutor Mohamad Fadhly Mohd Zamry, while the three were represented by Shamsul Akmar Yusof.
In delivering the verdict, Radzi said the Sessions Court had erred in acquitting Shahrul Azizul and Azman.
Fadhly urged the court to impose a deterrent sentence, citing the rise in fraud cases and emphasising that the verdict should serve as a lesson not only to the accused but also to the public.
In mitigation, Shamsul Akmar pleaded for a minimum sentence, saying that the accused have families to support.
Radzi sentenced Shahrul Azizul and Azman to 12 months in prison and one stroke of the rotan each, while Rosli's sentence of 12 months' imprisonment and a RM5,000 fine was upheld.
He ordered the sentences to commence immediately and denied a stay of execution.
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