A 22-year-old factory operator has claimed trial at the Sessions Court here to charges of allegedly raping and committing an unnatural sex act against a 20-year-old polytechnic student.
Muhammad Hazarul Zaim Rusli entered his plea after the two charges were read before Sessions Court judge Ooi Sheow Yean.
On the first charge, he is accused of raping the woman inside a room at Golden Oriental Hotel on Jalan Kampung Benggali at about 3.30am on 17 August.
The charge, framed under Section 376(1) of the Penal Code, carries a maximum prison sentence of 20 years and whipping upon conviction.
The accused also faces a second charge under Section 377C of the Penal Code, relating to an alleged act against the order of nature. He is accused of penetrating the complainant’s anus without her consent at the same location, date and time.
A conviction under Section 377C carries imprisonment of between five and 20 years, as well as whipping.
Deputy Public Prosecutor Muhammad Izad Firdaus appeared for the prosecution, while lawyer RSN Rayer represented Hazarul Zaim.
During the bail application, Rayer asked the court to consider a reasonable amount, telling the court that his client had only recently begun working as a factory operator and earned RM1,800 a month.
He also said the accused was responsible for supporting his parents, who were present in court during the proceedings.
Rayer further claimed that the complainant was the accused’s girlfriend and maintained that the alleged sexual acts had taken place with her consent. He added that his client had already spent seven days in remand and was prepared to comply with additional bail conditions.
The prosecution objected to bail, citing the seriousness of the allegations and concerns about the complainant’s emotional wellbeing. Izad said the woman had been traumatised and feared that the accused’s release could cause her to feel threatened.
After hearing both sides, the court granted Hazarul Zaim bail of RM10,000 with one surety for both charges.
He was also ordered to report to the nearest police station every two weeks and barred from contacting or interfering with the complainant.
The case has been fixed for mention on 29 September, when the prosecution is expected to submit the relevant documents.
The accused remains presumed innocent unless proven guilty in court.
