KUALA LUMPUR: An unemployed man raped an eight-year-old and gave her RM3 in an attempt to buy her silence, the Sessions Court heard.
Hilmee Kusnan, 49, was in a lift with the child who had gone out to buy "pisang goreng" on the fateful day.
According to the statement of facts, Hilmee pulled the girl into his apartment unit where he took advantage of her.
He then sent her to the lift for her to be on her way and handed over RM3 for her not to tell anyone about what happened.
The girl went home and got ready for school. While waiting for the school bus, she confided in a friend who was with her at the time.
The friend then told her mother, who in turn, told the victim’s mother. The mother immediately took the victim out of school and took her to the hospital.
The medical check-up confirmed a vaginal tear on the victim and the accused was arrested a day later.
The case was initially fixed for the first day of hearing but the accused changed his plea to guilty here on Thursday.
Judge Mohd Kafli Che Ali then sentenced Hilmee to 10 years' imprisonment and one stroke of the cane for rape. For sexual molestation, the judge handed down four years' imprisonment and another stroke of the rotan.
The court ordered the jail time to run concurrently from the date of arrest.
Hilmee was also ordered to undergo a two-year counselling session in prison with another two years under police surveillance after he completes his prison time.
According to the charge sheets, Hilmee was accused of raping and sexually molesting the girl at an apartment in Cheras, at 10.30am on Sept 4, last year.
For the rape offence, he was charged under Section 375(g) of the Penal Code which carries imprisonment between 10 and 30 years, and whipping, upon conviction.
For the sexual molest offence, the charge under Section 14(a) of the Sexual Offences Against Children Act 2017 provides a maximum 20 years imprisonment and whipping, if convicted.
During the proceedings, lawyer Dr Mohamad Ismail Yunus, who represented Hilmee, sought for a minimal sentence as the accused was a first time offender.
“He does not have any prior records and I ask for him to be exempted from whipping as he suffers from diabetes,” the lawyer said.
Deputy Public Prosecutor Noor Shakira Aliana Alias however pressed for a heavy sentence and asked the court to consider the victim’s age.
“This incident leaves a lasting trauma on the victim,” she said.
