Public Prosecutor v Md Hira Dhali Abul Hossain Dhali

• Jurisdiction: Singapore
• Judge: Siva Shanmugam
• Judgment Date: 21 August 2015
• Neutral Citation: [2015] SGDC 238
• Court: District Court (Singapore)
• Docket Number: DAC-920475-2015 & Others, Magistrate’s Appeal No. 9127/2015/01
• Year: 2015
• Published date: 11 September 2015
• Hearing Date: 22 July 2015,29 July 2015
• Plaintiff Counsel: DPPs: Mr Kenneth Kee and Mr Jonathan Ng
• Defendant Counsel: Defence Mr S K Kumar (S K Kumar Law Practice LLP) (discharged on 29/7/2015)
• Citation: [2015] SGDC 238

District Judge Siva Shanmugam: Charges

The accused, a male Bangladeshi aged 29 years old, pleaded guilty to the following two charges

DAC-920475-2015

“You are charged that you, on 25th day of April 2015 at or about 4.15pm, at xxx, Singapore, did use criminal force on one “C”, Female, 40 years old, with intent to outrage her modesty by voluntarily causing wrongly restraint to the said victim in a lift in the said building, to wit, by hugging her body from behind, kissing on her lips, grabbing both her breasts and grabbing her hand to touch your penis outside your jeans, intending to outrage the modesty, and you have thereby committed an offence punishable under section 354A(1) of the Penal Code (Chapter 224, 2008 Rev Ed) ”

MAC-903970-2015

“You are charged that you, sometimes on 23 January 2015 at or about 12.30pm, at xxx, Singapore, did use criminal force on one “C”, female 31 year-old, to wit, by grabbing her bra strap from behind, touching her right buttock once from outside her pants and using your hand to grab her right breast over her clothing knowing it to be likely that you would outrage her modesty and you have thereby committed an offence punishable under section 354(1) of the Penal Code Chapter 224.”

Three further counts of outrage of modesty punishable under Section 354(1) of the Penal Code were taken into consideration for the purposes of sentencing. The accused was sentenced to a total of 27 months imprisonment and 3 strokes of the cane. He has since filed a notice of appeal against sentence.

The accused admitted to the Statement of Facts without qualification. The Statement of Facts reads as follows:

“(1) The accused is Md Hira Dhali Abdul Hossain Dhali, a 29 year old male Bangladeshi National (Date of Birth 7 July 1986). The accused was employed as a construction worker at the time of his arrest.

FACTS PERTAINING TO THE 1st CHARGE (MAC-903970-2015)

(2) The victim is “C”, a 31 year old Filipino female who was employed as a domestic helper.

(3) The complainant is Adeline Chan, a 33 year old female Chinese Singaporean. She was the victim’s employer. On 23 January 2015 at about 12.53 pm, the complainant called the police and reported the following message “there was a man that molested my maid and touched her all over. Please send help. It just happened. We will wait here”. The incident location was provided as xxx.

(4) On 23 January 2015 at about 12.30 pm, the victim went grocery shopping at a nearby shop. On her way back to the said apartment block, the accused came up to the victim and grabbed her bra strap from behind before pinching her right elbow.

(5) The victim scolded the accused and asked him to stop following her. The accused continued to walk beside the victim and asked for her phone number.

(6) Upon reaching the said apartment block, the victim proceeded to wait at the lift lobby for the lift as the accused continued to attempt at engaging in conversation with her. As the victim was walking into the lift, the accused touched her right buttock but did not follow her into the lift. As the lift doors were closing, the accused pressed the button at the lift lobby causing the doors to open. He then reached through the door and grabbed the victim’s right breast before running off. In doing so, the accused had used criminal force on the victim knowing it to be likely that he would outrage her modesty and he has thereby committed an offence under Section 354(1) of the Penal Code (Chapter 224, 2008 Rev Ed).

FACTS PERTAINING TO THE 3rd CHARGE (DAC-920475-2015)

(7) The victim is “C”, a 40 year old Indonesian female who was employed as a domestic helper.

(8) On 25 April 2015 at about 4.10 pm, the victim had just finished grocery shopping and was waiting for the lift at the lobby of the ground floor of her employer’s apartment...