PUTRAJAYA: A primary school headmaster was sentenced to 20 years in prison and 11 strokes of the rotan by the Court of Appeal for child pornography and molestation involving a student at his school five years ago.
A three-judge panel chaired by Justice Noorin Badaruddin dismissed the appeal by Anuar Kintan, 59, who was convicted and sentenced for making pornography of the victim at the school in Teluk Intan on April 3, 2021.
According to court documents, 26 lewd photos of the then 12-year-old child were found in Anuar’s handphone.
The Teluk Intan Sessions Court sentenced Anuar to three years’ imprisonment and two whippings.
The Ipoh High Court later increased the sentence to nine years’ imprisonment and eight whippings.
Justice Noorin, who sat with Justices Radzi Abdul Hamid and Meor Hashimi Abdul Hamid, said the appellate court found no reason to interfere with the High Court’s ruling.
Anuar was also charged with physically molesting the victim at the school at 10am on April 3, 2021.
He was acquitted by the Sessions Court, and this was affirmed by the High Court.
Justice Noorin, however, said the appellate court could not accept the defence of alibi, which was accepted by the two lower courts.
“The accused’s wife had testified that she and the accused were home that Saturday.
“The defence also relied on documentary evidence of restrictions on school activities on certain Saturdays.
“After looking at the evidence in totality, we could not agree that the alibi raised reasonable doubt on this particular charge,” Justice Noorin said.
The court convicted Anuar, who is currently suspended from his position, of the second charge and sentenced him to 10 years in jail and two whippings.
Anuar also received an additional one-year imprisonment and two whippings under Section 16 of the Sexual Offences Against Children Act.
The Court of Appeal affirmed and upheld Anuar’s acquittal on his third and fourth charges.
Anuar was accused of physically molesting the child and another charge of non-physical molestation, where he threatened to take away the child’s handphone if she did not take her clothes off.
Both offences were allegedly committed at the school in March 2021.
Justice Noorin said the prosecution failed to show reason for the appellate court to intervene in these acquittals.
“The testimonies were not enough to rebut the reasonable doubt raised by the defence.
“The prosecution’s appeal on the third and fourth charges is hereby dismissed,” she said.
The court ordered for jail time to run consecutively. The accused was also ordered to be under police surveillance for two years after completing each prison sentence.
Anuar was taken away immediately after the proceedings ended.
He was previously out on a RM14,000 bail pending the appeal.
