The Penang High Court has today released a couple previously sentenced to 12 months’ jail for an indecent act at a Chinese cemetery in Batu Gantung, Air Itam, after allowing a criminal revision application filed by the defence.
Justice Rofiah Mohamad ruled that while the conviction against M Jegathesan, 58, and Halila Abu Bakar, 37, remains, the original sentence imposed by the Magistrate’s Court is set aside and replaced with a term equivalent to their remand period, from March 23, 2026 until today.
The court noted it was satisfied with the representation made by both the prosecution and defence, which agreed that the sentence could be revised without disturbing the finding of guilt.
Earlier proceedings showed both accused had pleaded guilty to committing gross indecency in a public place, namely a cemetery in Air Itam, at around 8.30am on March 22. They were originally sentenced by the Magistrate’s Court on March 26.
The charge was framed under Section 377D of the Penal Code read together with Section 34, which carries a maximum penalty of two years’ imprisonment.
During today’s hearing, the defence argued that the initial 12-month sentence was excessive and proposed that it be replaced with time served. The prosecution did not object to the revision after receiving a formal representation.
The court ultimately agreed to the adjustment, effectively ordering both accused to be released as they have already served their revised sentence.
