Appeals Court upholds 10 years' jail, whipping on RMAF corporal for outrage of modesty

A three-member bench comprising Justices Datuk Seri Kamaludin Md Said, Datuk M. Gunalan and Datuk Hashim Hamzah dismissed Mohd Juhazei Ismail's final appeal against his conviction and jail sentence.

Justice Kamaludin, chairing the panel, said the jail sentence imposed on Mohd Juhazei by the High Court was reasonable as the court (High Court) had already reduced the sentence from 15 years to 10 years.

"You are lucky they (prosecution) didn't appeal," Justice Kamaludin told Mohd Juhazei.

According to the charge sheet, Mohd Juhazei, 35, committed the offences on the 28-year-old woman at a car park in Setia Alam, Shah Alam, Selangor between 9.30 pm and 10 pm on Oct 3, 2017.

In 2019, the Sessions Court found Mohd Juhazei guilty of both charges and sentenced him to 15 years' jail and five strokes of the rotan for committing carnal intercourse against the order of nature and seven years and two strokes of the rotan for outraging the woman's modesty.

The High Court in 2020 dismissed Mohd Juhazei's appeal against his conviction but allowed his appeal to reduce the jail sentence.

Mohd Juhazei's jail term for the carnal intercourse offence was reduced to 10 years while that for the molestation offence was reduced to five years.

The High Court maintained the seven strokes of whipping.

Mohd Juhazei was ordered to serve the jail sentences concurrently which means he would only serve 10 years.

Mohd Juhazei was represented by lawyer Charan Singh while deputy public prosecutor Mohd Zain Ibrahim appeared for the prosecution.