SEREMBAN: A college student escaped jail and was instead ordered to perform 240 hours of community service in two years by the Sessions Court today after pleading guilty to raping his girlfriend in May.
Judge Datin Surita Budin sentenced Ronaldo Sillo Chundi, 20, after ruling that a jail term and whipping, as required by the rape charge, were not appropriate.
"After hearing the defence's mitigation, studying facts of the case, the aggravating factors as well as the social report and recommendations by the Welfare Department officer, the court believes that a jail sentence and whipping are not appropriate in this case," she said.
She ruled that if Ronaldo failed to complete the community service, he could be hauled to the court again to face the charge and sentenced to jail and whipping as provided.
The court also ruled that he must report to the police station nearest to him on the first of each month, undergo counselling sessions and follow an activity schedule set by the Welfare Department officer.
Surita also imposed a RM5,000 bond with one surety, in default a one-year jail term.
Ronaldo was charged with raping the 13-year-old girl at 3pm a hotel in Port Dickson on May 15. The charge under Section 376 (1) of the Penal Code provides a jail term of up to 20 years and whipping upon conviction.
In mitigation, defence lawyer Kartikeyan Supramaniam pleaded for punishment in the form of community service as his client was a young offender and the victim was his girlfriend.
Deputy public prosecutor Nurul Balkis Zunaidi did not object to the defence's submission and left it to the court's discretion.
During proceedings today, a Welfare Department officer had also read out Ronald's social and moral report.