Da'i Syed sentenced to 10 years imprisonment, whipping for rape

Judge Norazlin Othman handed down the sentence on the 29-year-old preacher after finding that the defence had failed to raise reasonable doubts against the prosecution's case at the defence case.

She ordered Syed Shah Iqmal to serve the prison sentence from today.

When handing out the sentence, Norazlin said that the accused, being a religious preacher and motivational speaker, had committed an act that defied logic.

"The court took into account the trauma suffered by the victim, who gathered the strength to file a police report against the accused and had to endure a lengthy legal process in court," she said.

Syed Shah Iqmal was charged with raping a 23-year-old woman in a room at a condominium in I-City, Section 7 here, at about 1.35 am on Sept 11, 2019.

The charge, framed under Section 376(1) of the Penal Code, provides a maximum sentence of 20 years in prison and whipping upon conviction.

In her judgment, Judge Norazlin said the court found the defence by Syed Shah Iqmal was a mere denial and an afterthought and concluded that his testimony was insufficient to refute the prosecution's case that the rape indeed occurred.

The prosecution, she said, succeeded in proving that Syed Shah Iqmal was the one who first invited the victim out and brought her to his residence.

"The accused, having a background as a well-known preacher and motivational speaker, held a position of esteem and was trusted by the victim. The prosecution also demonstrated that the victim was vulnerable due to suffering from depression, which rendered her unable to make decisions and resist the accused," she added.

Syed Shah Iqmal was seen emotional and wept when Judge Norazlin handed down the sentence.

Earlier, Deputy Public Prosecutor Raja Zaizul Faridah Raja Zaharudin requested the court to impose a severe sentence as a lesson for the accused, taking into account the public interest and the increasing prevalence of rape crimes.

"Given the accused's position and the testimonies of witnesses, the accused is a well-known individual, a preacher with a strong religious background, and a motivator for young people.

"When this character is presented to society, it is held in high regard, but the accused used his position to take advantage of the victim," she said.

Syed Shah Iqmal's lawyer, Syed Amirul Syed Edros, requested a stay of execution of the sentence as the offence was his client's first.

"My client is married and has a newborn child who is only 16 days old. His wife is in court today, even though she is still in her confinement. If my client is imprisoned, it will ruin his life, as his wife and child need him," said the lawyer.

On April 10 last year, the Shah Alam Sessions Court acquitted and discharged Syed Shah Iqmal of the rape charge after finding that the prosecution had failed to establish a prima facie case against him at the end of the prosecution's case.

However, on March 7 this year, the Shah Alam High Court overturned the Sessions Court's decision after allowing the prosecution's appeal and ordered the accused to defend himself against the charge.

-- BERNAMA