KUALA LUMPUR: Two former car jockeys were each sentenced to 11 years in jail and two strokes of the rotan for raping a woman, 18, in a car park at an entertainment centre last year.
Sessions Court judge Izralizam Sanusi imposed the sentences on T. Khanesen, 31, and B. Satia, 26, after ruling that they failed to raise reasonable doubt in the prosecution's case.
"The prosecution had successfully proven their case beyond reasonable doubt. I find Satia and Khanesen guilty as charged.
"After hearing submissions (from the prosecution and defence), the court finds it is inappropriate and unsuitable to grant the good behaviour bond (as applied by defence lawyers).
"Both accused are to serve the sentences from today," he said to the duo who stood in the dock.
Upon hearing the sentences, lorry driver Satia looked calm while Khanesen, a construction site supervisor, sat on the dock bench and cupped his mouth with his hands.
Izralizam granted the two a stay of execution on the sentences pending their appeal against the decision at the High Court.
He allowed the stay of execution with the condition that the lawyers file the notice of appeal immediately.
He also increased the current bail sum from RM9,000 to RM11,000 to secure their attendance in future court proceedings.
They were separately charged with raping the victim at 5.06am and 5.20am in the car at the centre in Jalan Tun Razak on May 13 last year.
The charge under Section 376 of the Penal Code carries a maximum 20-year jail term and whipping.
In mitigation earlier, lawyers K. Ponnusamy and Muhammad Amin Abdullah asked the court to impose a good behaviour bond on their clients as it was their first offence and families' sole breadwinners.
Deputy public prosecutor Nor Aisyah Mohamed Zanyuin objected to the good behaviour bond and the duo must serve their sentences immediately.
"Rape is a serious crime. It is inappropriate for the court to grant this application. If it is allowed, it gives the impression that the court takes lightly the offence.
"A jail sentence and whipping serve as a lesson to the accused and warn society of the gravity of the offence.
"The prosecution calls for an immediate custodial sentence to emphasise public disapproval, to punish offenders and most of all, to protect women," she said.