KUALA LUMPUR: A hospital security guard who admitted to having in his cellphone an obscene film involving a teenager, has been fined RM10,000, but there is more to the story.
Bashir Khan Abib Rahman, 33, was said to have committed the offence in front of the hospital’s security office in Pandan Mewah in Ampang on March 2.
He was charged under Section 5 of the Film Censorship Act 2002 for having in his possession a cellphone containing an obscene film.
However according to the court papers, the mother of the teenager had also lodged a complaint against Bashir Khan.
Upon checking her daughter’s cellphone, the mother said discovered WhatsApp messages that indicated the teenager had sex with the man at a hotel.
On Thursday, DPP Ahmad Zuhaini Mahamad Amin asked for a deterrent sentence, saying that it should serve as a lesson to the accused.
He said the accused should be thankful he was facing a charge under the Film Censorship Act and not statutory rape.
The prosecutor confirmed that the accused had no previous convictions.
Pleading for leniency, Bashir Khan said he supports his parents with his monthly salary of RM1,500.
At this point, his elderly mother who was seated in the first row of the public gallery, was seen praying. She tried to go to the dock to speak to her son, but a court interpreter told her to sit and wait for the proceedings to be completed.
In convicting Bashir Khan, magistrate Mohamad Izwan Mohamed Noh fined him RM10,000 in default 12 months’ jail.
Speaking to reporters later, DPP Ahmad Zuhaini, who had tendered 11 photographs to the court, said those included eight screenshots of nude photographs of the teenager and the accused having sex.
“He is lucky as the teenager was already 17 when the incident occurred, or he would have faced a statutory rape charge,” he said, adding that the teenager got to know the accused through the WeChat messaging app on Feb 12.
The prosecutor said the accused settled his fine later.
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