Man charged with committing unnatural sex with beautician without her consent
A Kuala Lumpur City Hall general worker pleaded not guilty in the Sessions Court here today to committing carnal intercourse against the order of nature on a beautician without her consent.
Kamarul Zaman Abdul Rashid, 44, who wore green Baju Melayu was charged under Section 377CA of the Penal Code which is punishable with up to 20 years in jail and whipping if convicted.He was alleged to have inserted prayer beads and finger into the woman’s vagina at a house No.6, Block G (E Tambahan), Kampung Melayu Sri Kundang, Kuang, Rawang, at 11.30am, Nov 15.
Kamarul Zaman Abdul Rashid, 44, who wore green Baju Melayu was charged under Section 377CA of the Penal Code which is punishable with up to 20 years in jail and whipping if convicted.He was alleged to have inserted prayer beads and finger into the woman’s vagina at a house No.6, Block G (E Tambahan), Kampung Melayu Sri Kundang, Kuang, Rawang, at 11.30am, Nov 15.
Kamarul Zaman was arrested on Nov 19 while the woman was 33 years old.In applying for bail, defence lawyer Simon Sabapathy said Kamarul Zaman was married and had to provide for his five children aged between three and 19 years as well as his parents.Assistant Public Prosecutor Salwa Asmary Abdul Rahim objected to the application and said that if Kamarul Zaman was allowed bail, the amount should high and additional conditions should be imposed.The reason she gave was that such a case occurred frequently and could make the people worried.Judge Wan Mohd Norisham Wan Yaakob later fixed the bail at RM6,000 with one surety and ordered the accused to surrender his passport to the court and to report to a nearby police station every month.He also warned Kamarul Zaman not to harass the victim and set March 10 next year for trial.
Section 377CA of The Penal Code provides for Sexual connection by object.Under this provision, "Any person who has sexual connection with another person by the introduction of any object into the vagina or anus of the other person without the other person's consent shall be punished with imprisonment for a term which may extend to twenty years and shall also be liable to whipping. [Exception: This section does not extend to where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes.]
The essence of the section is the introduction of any object into the vagina or anus of another. Thus prayer beads would suffice. However it was thought that this section would not cover the insertion of a human part such as a finger. But this would be interpreting the word " object" in a strict sense. From the case it would appear that " object" would cover a human part such as a finger.However this would be a matter for determination by the court. This section would apparently cover the insertion of a dildo . But Section 377CA The Penal Code depends on the consent of the other party. If the other party consents to such introduction , then no offence would be committed under this section. Interestingly the section would not apply despite the lack of consent where the introduction of any object into the vagina or anus of any person is carried out for medical or law enforcement purposes. Thus a doctor who inserts an object into the anus or vagina of a patient would not commit any offence under this section. Similarly law enforcement officers also could insert objects into the anus or vagina. But this exception should be qualified in the sense that the said insertion is for a purpose incidental to the work of these two professions.
0 comments:
Post a Comment