Elangovan s/o Raju v Public Prosecutor

• Jurisdiction: Singapore
• Judge: Adam Nakhoda
• Judgment Date: 08 May 2001
• Neutral Citation: [2001] SGMC 23
• Published date: 19 September 2003
• Year: 2001
• Citation: [2001] SGMC 23
• Court: Magistrates' Court (Singapore)

JUDGMENT:

Grounds of Decision

THE CHARGE

1. The accused, Elangovan s/o Raju claimed trial to the following amended charge, marked P1A;

You,

ELANGOVAN S/O RAJU, Male / 40 YRS S1343081J

are charged that you on or about the 22 April 2000 at about 5.42 p.m., at the coffeeshop located at Blk. 713 Clementi West Street 21, #01-115, Singapore, intending to insult the modesty of a woman, namely one Nuraisha Sereen Osman, did exhibit your penis to the said Nuraisha Sereen Osman, intending that your penis be seen by her, and you have thereby committed an offence punishable under section 509 of the Penal Code, Chapter 224.

2. After a two-day trial I found the accused guilty of the above charge and I accordingly sentenced him to two weeks imprisonment. The accused is currently on bail pending his appeal.

THE PROSECUTION CASE

3. The prosecution called a total of three witnesses, they were the complainant Ms. Nuraisha Sereen Osman (hereinafter "Nuraisha"), Ms. Azryn Fidayawate binte Jais (hereinafter "Azryn") and one of the arresting officers Cpl. Ruzaiman Bin Jamil (hereinafter "Cpl. Ruzaiman")

A. PW1 Ms. Nuraisha Sereen Osmans evidence.

4. Nuraisha was 19 years old at the time of the trial. The location of the incident was at a coffeeshop at Blk. 713 Clementi West Street 21, #01-115 (hereinafter "the coffeeshop"). Nuraisha said that her flat was also located in the same block of apartments. On the 22^nd of April 2000 at about 5.20 p.m. Nuraisha and Azryn went to the coffeeshop to have their dinner. Nuraisha said that the photographs P2 to P5 were not of the same coffeeshop that she went to on the 22^nd of April. The photos depicted a new coffeeshop at the same location. On the 22^nd she said that there were no square tables, that all the tables were round tables and none had seats that were fixed to the tables. However, she said that some of the round tables that can be seen in P4 and P5 inside the coffeeshop are similar to the tables that she sat at on the 22^nd.

5. They had ordered their food from a Chinese Western Food stall and had sat down at a round table near to the stall from which they had ordered. Nuraisha drew a depiction of the position of her table and the position of the accuseds. This drawing was admitted and marked D1. Nuraisha says that the coffeeshop was not very crowded on the 22^nd.

6. The accused was seated at a table directly in front of Nuraishas table as shown in D1 and his position is also as depicted in D1. According to Nuraisha there was another Malay man sitting at the same table as the accused. Nuraisha says that this man was reading the New Paper and he had the tabloid open in a broadsheet manner before him. She also noticed that there were a few bottles of beer on the accuseds table. Nuraisha says that throughout the incident she did not see the accused and the Malay man at his table converse with one another. She also said her view of the accused from their respective seating positions was not obstructed by the Malay man.

7. Nuraisha says that she first noticed the accused because as she was waiting for her food to be served she heard the accused speaking in a loud voice. She says that she noticed that the accused was going from table to table talking to some of the patrons. She said that she noticed that he came and went from his table between five to ten time. Nuraisha says that the accused would get up to go to the toilet, to talk to persons at other tables and to go and order drinks from the drinks counter. At some point as the accused was walking back and forth Nuraisha says that the accused looked at her and smiled, she says that she did not smile back at him. The accused then stopped walking and sat down at his table.

8. Nuraisha then says that the accused, whilst facing her, folded up his shirt whilst looking at her. He then unzipped his trousers and took out his penis and he began "fiddling" with his penis. Nuraisha said that she only saw him doing this for a few seconds before she turned away. However, she saw for long enough to know that the accused had his penis in his hand. After she had turned away for a few second she then turned back to confirm what she had seen and again she saw him "fiddling" with his penis. She then turned away and did not look back. She does not know when the accused put his penis back inside his trousers.

9. Nuraisha says that the accused was wearing a pink long sleeved shirt and dark green trousers. However, she said that the trousers was not a similar colour to his skin. Nuraisha was unable to tell whether the accused was wearing underpants, however, she was sure that he was not wearing a belt.

10. After having seen what the accused had done Nuraisha then tells Azryn that they had to shift tables. She says that they moved to a table in the same area where the two ladies can be seen seated in P3. Although Azryn asked her why this had to be done Nuraisha refused to tell her and was very stern thus convincing Azryn to move. The two of them gathered their drinks and moved to a table located outside the main coffeeshop area facing the road. At this point Nuraisha told Azryn about what had just happened. She says that she told Azryn that they had shifted because the accused had shown her his "thing". and she says that Azryn told her to call the police.

11. Nuraisha then called the police on her handphone and gave the police operator the address that she was at and told the operator that a man had just flashed his manhood at her. She was asked to describe what the man looked like and she did so, she said that the man was an Indian man, wearing a long sleeved pink shirt and green trousers. Nuraisha says that after about five minutes two uniformed policemen arrived. One of the officers called Nuraisha and asked her whether she could see the accused from her position and she said that she could not. However, she confirmed the description of the accused and she told the officer what she was wearing and acknowledged him when he saw her.

12. Nuraisha says that the officers then went up to the accused and politely asked him to come to the back of the coffeeshop with them. Later another two officers arrived to speak to Nuraisha, one was a Sikh officer and the other a female Malay officer. The female officer began to take a statement from Nuraisha, but the Sikh officer then told her to take the statement at the police station.

13. Nuraisha said that the coffeeshop on the 22^nd of April was moderately crowded. She said that there was a group of Malay boys but that they were not sitting at a table next to the accuseds. She said that they were sitting at a table at the far end of the coffeeshop. Nuraisha also said that she did not see a group of Chinese sitting at a table in front of where the accused sat nor did she see 2 girls, a Eurasian and a Chinese, sitting at a table near to where she was seated.

B. PW2 Ms. Azryn Fidyawati binte Jaiss evidence

14. At the material time Azryn was working as a part-timer at the same bar at Boat Quay where Nuraisha was working. Azryn had spent the previous night at Nuraishas place because it was more convenient for her to go to work from Nuraishas place. Azryn says that she and Nuraisha went down to the coffeeshop for dinner at about 5 p.m.

15. They both went to order food from the Chinese Western stall and then went to find a table close to the stall to sit. Azryn was referred to the photos P2 to P5 and she confirmed that the coffeeshop in the photos was different to the coffeeshop that existed on the 22^nd of April. She said that on the 22^nd the coffeeshop was a Chinese coffeeshop and that there were different tables and chairs on that day. She says that the tables were not of the rectangular type shown in the photos rather they were rounded tables. Referring to D4 Azryn said that relative position of the accuseds table would be the table that she had marked with a blue "x". She says that the pillar obscures the position of her table but that it was near the Konica phone booth. Azryn drew on D6 the relative positions of her table vis--vis the accuseds table.

16. Azryn says that the accused was seated at his table with a Malay man who was reading a newspaper that he had held up and spread out. She said that there were maybe another two or three unoccupied chairs around the accuseds table. Azryn also says that there were two more chairs around her table, one opposite where she was sitting and the other opposite where Nuraisha was sitting. Azryn agreed that to the left of the accuseds table there was a round table with a group of Malay men sitting. However, she could not recall if there was another table of Chinese sitting infront of the accuseds table and she was sure that there was not Eurasian and Chinese women sitting ahead of the table with the group of Malays.

17. Azryn says she saw that there was a bottle of beer and some hot drinks on the accuseds table. Azryn says that whilst waiting for their food she and Nuraisha were watching television. She did not notice any conversation occur between the Malay man and the accused. However, she did notice that the accused was moving about. She said she noticed that he went to the big table with the Malay men and to the other end of the coffeeshop where the drinks stall was located. Azryn said that she noticed that the accused was wearing a long sleeved pink shirt with the sleeves rolled up and that he was wearing dark green trousers. She said that his shirt was not tucked in or out but folded inward. She could not recall if he was wearing a belt.

18. Azryn says that after about 15 minutes, their food had still not arrived, Nuraisha told her that she felt uncomfortable and she told Azryn that they had to change tables. When Azryn asked why, Nuraisha said "lets just move, I will tell you later". After Azryn and Nuraisha had moved to a table at the outer part of the coffeeshop Azryn asked her what was wrong. According to Azryn, Nuraisha was at first...