Legal representatives for a couple recently sentenced to one year in prison for engaging in indecent behaviour at a Chinese cemetery have formally submitted an appeal to the High Court. The application aims to challenge both the conviction and the subsequent sentence handed down to the pair following their initial court appearance. Lawyer Datuk Naran Singh confirmed the filing, stating that the primary objective of the appeal is to seek a judicial review of the punishment, which the defence contends is disproportionately harsh given the circumstances of the case.
The judicial development follows a ruling made last Thursday by Magistrate Nadratun Naim Mohd Saidi. During those proceedings, 58-year-old M. Jegathesan and 37-year-old Halila Abu Bakar pleaded guilty to the charges brought against them. By admitting to the facts presented by the prosecution, the duo faced immediate sentencing under the relevant provisions of the Penal Code, resulting in the twelve-month custodial order that is now the subject of legal dispute.
According to the official charge sheet, the prohibited acts took place at a Chinese burial ground located in Batu Gantung, Ayer Itam. The incident reportedly occurred at approximately 8.30 am on 22 March. Consequently, the pair were charged under Section 377D of the Penal Code, read in conjunction with Section 34 of the same Act. Under these specific Malaysian laws, individuals found guilty of such public indecency can face a maximum penalty of up to two years of imprisonment.
The investigation into the couple’s conduct was triggered after a video recording of the incident began circulating widely on social media platforms, specifically Facebook. The footage depicted two individuals engaged in inappropriate activities within the confines of the cemetery grounds. Upon viewing the viral clip, an individual associated with the cemetery’s management was instructed to lodge a formal police report. This report served as the catalyst for the subsequent police probe and the eventual arrest of the two suspects.
The case has drawn significant public attention due to the sensitive nature of the location where the offences were committed. As the High Court prepares to hear the appeal, the focus remains on whether the original sentence aligned with judicial precedents for similar public morality offences. For now, the legal team led by Datuk Naran Singh continues to push for a lighter sentence, arguing that the current year-long imprisonment exceeds what is necessary for the gravity of the admitted actions.
