KUCHING: A 28-year-old man was sentenced to 11 months in prison by the Magistrates’ Court here today for assaulting his 16-year-old sister over a lighter.
Muhammad Safaruddin Ismail pleaded guilty to the charge before Magistrate Nursyaheeqa Nazwa Radzali.
He was charged under Section 323 of the Penal Code, read together with Section 326A of the same Code, for voluntarily causing hurt to his sister.
Section 323 of the Penal Code provides for imprisonment of up to one year, or a fine of up to RM2,000, or both upon conviction while Section 326A provides for imprisonment of up to twice the maximum term of imprisonment prescribed for the underlying offence where the victim is a spouse, former spouse, child, or other family member as specified under the provision.
The court heard that the accused committed the offence at about 8.30pm on Jun 28 at Jalan Selangan Batu, Kampung Rampangi, here.
According to the facts of the case, the victim was at a neighbour’s house when the accused called her and asked her to buy a lighter.
However, after she did not respond to his call, the accused approached her in front of the neighbour’s house, kicked her waist and pulled her by the hand back towards their home.
Upon reaching the front of their house, the accused again kicked her waist and punched her forehead. The victim subsequently suffered bruising to her forehead and pain at the back of her waist.
A medical report confirmed that she sustained soft tissue injuries to her left temporal area and waist.
Investigations found that the accused was the victim’s eldest brother and that both lived in the same house.
The court also heard that there were no independent witnesses to the incident, while the area was dark at the time.
The accused was arrested by police on Aug 13 at 11.40pm.
Deputy Public Prosecutor Muhammad Aidil Akmal Shahridan prosecuted, while the accused was unrepresented.
