Physical Sexual Assault: Court Of Appeal Upholds 10 Year Jail, Two Whipping On Tahfiz Warden
A three-judge panel led by Datuk Azman Abdullah unanimously dismissed the appeal by Tengku Mohammad Khaireel Tengku Wahab, 32, against the conviction and sentence handed down by the Kuantan High Court on Oct 17, 2023.
In the judgment, he said, the court found that the testimony by the victim, who was then 11 years and six months old, was not a fabricated story, and this was supported by his complaint to a doctor at a health clinic who treated him.
"The victim cried when testifying at the Sessions Court. The accusation or complaint by the victim was against an ustaz (religious teacher) who taught him. It not only tarnished the name of the ustaz, but also had a personal impact on the victim,' he said.
Judge Azman, sitting with Datuk Noorin Badaruddin and Datuk Hayatul Akmal Abdul Aziz, said the court found the conviction handed down against Tengku Mohammad Khaireel to be correct and appropriate for both charges.
Regarding the sentence, Judge Azman said that as the appellant should be the individual responsible for preventing such an incident, a sentence of 10 years in prison and one stroke of the cane for each charge was not excessive.
"This sentence should not only give fear to the appellant but also the general public so that they do not repeat the same offence. With this, we unanimously dismiss the appeal by the appellant and the High Court's decision is upheld," said the judge.
On Dec 23, 2020, Tengku Mohammad Khaireel was charged with two counts of committing physical sexual assault on the boy in the warden's room of the tahfiz school's dormitory.
He was charged under Section 14(a) and Section 14(b) of the Sexual Offences Against Children Act 2017 with committing the offence at 11.30 pm on Dec 1, 2020.
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