a day ago
Brunei court upholds jail for Bangladeshi man in kidnapping, carnal case
BANDAR SERI BEGAWAN: The Court of Appeal on June 17 dismissed the Public Prosecutor's appeal seeking a harsher sentence against a Bangladeshi man convicted of kidnapping and repeatedly engaging in unlawful sexual activity with a 14-year-old girl diagnosed with a learning disability.
Chief Justice Dato Seri Paduka Steven Chong, sitting with Justices Michael Peter Lunn and Edward Timothy Starbuck Woolley, found no basis to disturb the Intermediate Court's sentence of eight years' imprisonment and four strokes of the cane imposed on Jahidul Islam, the first respondent in Criminal Appeal No 12 of 2024.
Md Usuf Ali, the second respondent, also a Bangladeshi national, had been sentenced to six years' jail and two strokes of the cane. The Public Prosecutor had originally appealed both sentences on the grounds of manifest inadequacy but later withdrew the appeal against the second respondent.
Court documents revealed that on January 3, 2023, both respondents were jointly charged before the Intermediate Court with kidnapping a girl under 14 from her lawful guardian—an offence under Section 361, punishable under Section 363 of the Penal Code.
In addition, Jahidul, then aged 33, faced five counts of unlawful carnal knowledge under Section 2 of the Unlawful Carnal Knowledge Act, while Md Usuf, aged 36, faced one such charge. Both denied the kidnapping charge and claimed trial, but each pleaded guilty to their respective unlawful carnal knowledge charges. They were found guilty of kidnapping following trial.
Intermediate Court Judge Pengiran Masni Pengiran Bahar sentenced Jahidul to a total of eight years' imprisonment and four strokes of the cane, comprising two years' jail and two strokes for each of two unlawful carnal knowledge charges and four years for kidnapping. The sentences were ordered to run consecutively in part.
Md Usuf's six-year term comprised consecutive sentences for one count of unlawful carnal knowledge and the kidnapping charge, along with two strokes of the cane.
The girl, a 14-year-old student diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), reportedly initiated contact with Jahidul by phone under the pretext of hiring a pickup vehicle for a friend. On Nov 12, 2022, she deceived her mother into allowing her to visit a family friend's shop.
After briefly entering a nearby supermarket, she slipped away to meet Jahidul at a fast-food restaurant. The pair then walked to a lorry parked behind the building, where the Md Usuf was waiting in the driver's seat. Both men then transported the girl to Jahidul's residence, where she stayed for two nights.
During this period, she had sexual intercourse with Jahidul Islam on five occasions and once with Md Usuf.
The girl's absence raised alarm, prompting the domestic helper who had accompanied her to report to her mother, who in turn lodged a police report. Authorities located the girl on the night of November 13, 2022, and arrested both men. In their statements, they admitted to the sexual encounters and acknowledged knowing the girl's age.
The appellate court noted that a psychological assessment submitted during the appeal painted a concerning picture of the victim's cognitive and social vulnerability. Conducted in April, the assessment revealed that the girl's IQ fell within the mildly impaired range—placing her at the 0.5th percentile—and that she suffers from a learning disability affecting multiple areas of functioning. Despite showing no immediate signs of psychological trauma, she was deemed highly susceptible to exploitation.
A second report from the director of her learning centre noted she receives basic education and vocational training but requires constant supervision and step-by-step instruction due to her condition.
The prosecution, represented by Prosecutor Atiyyah Abas, argued that the original sentence failed to reflect the severity and repeated nature of the offences and the heightened vulnerability of the victim.
They proposed a sentence of at least nine years' imprisonment for Jahidul Islam, citing similar precedent cases including MZM Bin AT v Public Prosecutor (Criminal Appeal No 15 of 2021), where the court upheld higher sentences for multiple offences involving vulnerable victims.
However, the Court of Appeal disagreed. The panel found that the trial judge had appropriately taken into account the aggravating factors, including the girl's vulnerability and the repeated sexual offences, by ordering consecutive terms of imprisonment.
The court held that the sentence imposed—eight years and four strokes—was within the reasonable range for the offences and did not amount to a miscarriage of justice or sentencing error. – Borneo Bulletin/ANN
