GEORGE TOWN: A man and woman caught engaging in a sexual act at the Batu Gantung Chinese Cemetery here have each been jailed for a year.
M. Jegathesan, 58, and Halila Abu Bakar, 37, pleaded guilty to committing the offence when the charges were read to them at the Magistrates Court here at about 8.30am on Thursday (March 26).
Magistrate Nadratun Naim Mohd Saidi sentenced both of them to 12 months’ imprisonment under Section 377D of the Penal Code for gross indecency in a public place.
In mitigation, lawyer R. Purantharan, who represented both accused, sought a lighter sentence.
He said Halila was unemployed, single and supported by her family, while Jegathesan worked as a security guard earning RM1,800 a month and was the sole breadwinner for his wife, who had suffered a stroke, and their two children.
“Both accused pleaded guilty today, which has saved the court time and costs that would otherwise have been incurred if the matter had proceeded to trial,” he said.
Deputy public prosecutor Lau Shavin, however, urged the court to impose a deterrent sentence.
“There should be a sentence that is appropriate to serve as a lesson to the accused persons and as a warning to others not to commit the same offence.
“The court should also take note that the first accused is married and that their respective religions bind both.
“The offence was also committed at a cemetery,” she said.
The case sparked public outrage after a 38-second video of the act went viral, showing a naked man with his back to the camera and a partially undressed woman seated on a tombstone.
