PUTRAJAYA: The Court of Appeal has upheld a 10-year prison sentence and two strokes of the cane for a tahfiz education centre warden convicted of sexually assaulting a male student five years ago.
A three-judge panel led by Datuk Azman Abdullah dismissed the appeal by Tengku Mohammad Khaireel Tengku Wahab, 32, against his conviction and sentence.
The Kuantan High Court had initially sentenced Tengku Mohammad Khaireel to eight years in prison and two strokes of the cane for each charge, with the sentences to run concurrently.
However, following a prosecution appeal, the High Court increased the prison term to 10 years per charge while reducing the whipping to one stroke for each offence.
Judge Azman stated that the victim’s testimony, given when he was 11 years and six months old, was credible and supported by medical evidence.
“The victim cried while testifying in the Sessions Court. His complaint was against a religious teacher, which not only tarnished the ustaz’s reputation but also deeply affected the victim,“ he said.
The defence argued that the victim’s testimony was inconsistent, citing three different versions of the incident.
Lawyer Mohd Shuhairil Ziqrul Sapi claimed the High Court erred in deeming the boy a credible witness, as the prosecution did not call two other child witnesses present in the room.
Deputy Public Prosecutor Aznee Salmie Ahmad countered that the victim’s testimony was consistent and corroborated by a doctor, a teacher, and the case’s recording officer.
“The victim was emotional while testifying, showing genuine trauma. This was a gross betrayal of trust, as the appellant was a warden responsible for the children’s safety,“ she said.
The court ruled that the sentence was appropriate to deter similar offences.
“This punishment should instill fear in the appellant and the public to prevent recurrence,“ Judge Azman concluded. - Bernama
