A 20-year-old Malaysian delivery man has been sentenced to 240 hours of community service after pleading guilty to raping a girl who was two months short of turning 14.
Yarits Dzikri Yunus received the sentence from Judge Surita Budin at the Seremban Sessions Court on Thursday, 20 Nov.
Delivery Man Meets Underage Victim Through Telegram Group Advertising Sexual Services
The incident occurred at approximately 3:30pm on 22 Aug in a store near a house in Kampung Ulu Beranang, Lenggeng.
The victim was 13 years and 10 months old at the time of the offence.
Yarits and the victim became acquainted after he joined a Telegram group that displayed explicit sexual content involving the victim and advertised sexual services.
The group required members to be over 18 years old to join.
Yarits was charged under Section 376(1) of the Penal Code, which carries a maximum penalty of up to 20 years’ imprisonment and whipping upon conviction.
Court Imposes Community Service with Multiple Conditions After Considering Defence and Prosecution Arguments
Defence lawyer Asmawi Ismail requested the minimum sentence for his client.
He argued that Yarits was a young offender with no prior criminal record and that a custodial sentence was not necessary.
The defence stated that Yarits had assumed the victim was around 18 years old because the Telegram group required adult membership.
Asmawi added that his client had cooperated fully with authorities and entered an early guilty plea.
Deputy Public Prosecutor Norazihah Asmuni, on the other hand, requested a sentence that reflected the seriousness of the offence.
She stressed that the victim was a child and that sexual crimes involving minors are rising in frequency.
Norazihah argued that the guilty plea should not be viewed as a mitigating factor in cases involving children.
Judge Surita Budin ordered Yarits to complete 240 hours of community service within 12 months.
The court considered the defence’s mitigation plea, the facts of the case, aggravating circumstances, and a social report with recommendations from a Community Welfare Department (JKM) officer.
A JKM officer also presented the accused’s social and moral assessment during the hearing.
The judge imposed 10 additional conditions on Yarits.
These include reporting to the nearest police station monthly, attending counselling sessions, and following an activity schedule set by a JKM officer.
Yarits must also deposit a RM5,000 (~SGD1,600) bond with a family member as surety.
He faces up to one year in prison if he fails to furnish the bond.
If Yarits does not complete the community service or fails to comply with the conditions set, he may be brought back before the court and punished under the original sentencing provisions.
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