MELAKA: A former waiter was today sentenced to eight years in jail by the High Court here for the death of a newborn child of his girlfriend three years ago.
Judge Mohd Radzi Abdul Hamid handed down the sentence on Ahmad Shamil Ashraf Zainuddin, 22, who pleaded guilty to an alternative charge of causing the child’s death by negligence.
He was ordered to serve the jail sentence on the date of arrest on March 29, 2021.
Ahmad Shamil Ashraf was charged with committing the offence to the newborn child of Farah Najwa Ab Rahman, 21, in a bush area near Pusat Asuhan Tunas Islam Ahmadiah, Melaka Tengah, between 12.01 am and 10.30 pm on March 29, 2021.
He was 19 years old when the offence was committed. The alternative charge was framed under Section 304(a) of the Penal Code which provides imprisonment for up to 30 years or a fine, or both, upon conviction.
Deputy public prosecutor Nabilalif Mohd Rosli appeared for the prosecution, while lawyer M. Vinodharan represented the accused.
Earlier, Mohd Radzi, when handing out the sentence, said the court considered the action by the accused pathetic and irresponsible.
“Although the accused panicked that his girlfriend had given birth at home, to the court, panic is not a good reason to justify the act and you (accused) should be thankful that the punishment was commuted from Section 302 of the Penal Code, which carries the death penalty, to Section 304(a) which only carries the prison sentence.
“In life, we are always faced with a situation of making choices and God gives us the wisdom to make the right choice. Hopefully, this punishment teaches you a lesson,“ he said.
According to the facts of the case, the complainant (Farah Najwa) suffered bleeding after giving birth and after being given treatment at Melaka Hospital, the hospital staff asked about the condition of the baby, but she did not know where the baby was.
The complainant, however, told the staff that the baby was alive when born because she heard his cries.
The staff then told her to contact the accused to find out the exact location, and soon after the baby was found left on her (complainant) wrapped in a green cloth belonging to Melaka Hospital.
Examination of the baby found no bite marks on the body. The results of the autopsy found that there were no broken bones and the pathological examination of the lungs showed the effects of congenital pneumonia.
The DNA report of the baby boy with the complainant and the accused is a 99.999 per cent probability and it was also found the baby was alive when born.
