Fadley Faisal

A local man has been sent to prison for four months, after failing to prove his innocence on the charge of insulting his aunt’s modesty.

Chief Magistrate Pengiran Masni binti Pengiran Haji Bahar found Deputy Public Prosecutor Nurul Fitri binti Kiprawi’s case against Mohammad Adib bin Zaini, 31, to be beyond the court’s reasonable doubt, which led to the defendant’s conviction.

The court was informed that the defendant works in the oil and gas industry and was staying with his maternal uncle in RPN Kampong Lambak Kanan.

At noon on September 12, 2018, the defendant sent a lewd text message to his uncle’s wife.

The defendant further said in the text message that he was strongly attracted to her. The message caused alarm to the victim, who immediately lodged a police report, leading to the defendant’s indictment.

In mitigations, the defendant pleaded for leniency, as he is the sole breadwinner for his family. He also said that he had meant no harm to his aunt, and had apologized to her.

In sentencing the defendant, the court took into account that the text message sent by the defendant had caused constant fear to the victim, because he had access to her personal and private property, in addition to expressing his sexual desire for her through the text message.

The court stated that any act of a sexual nature intending to insult the modesty of a woman ought to be taken seriously, especially when it causes fear and distress to the victim.

The court cited a similar case on coming to the decision, and took a starting point of six months’ imprisonment.

Having seen the defendant’s clear record and his display of remorse which saved the victim the ordeal of further giving embarrassing evidence in court, the court gave a discount and arrived to the decision of handing a four-month prison sentence.