Public Prosecutor v Mohd Razali bin Mohd

• Jurisdiction: Singapore
• Judge: Woo Bih Li JC
• Judgment Date: 26 July 2002
• Neutral Citation: [2002] SGHC 161
• Court: High Court (Singapore)
• Year: 2002
• Published date: 19 March 2013
• Plaintiff Counsel: Leong Kwang Lan and Ng Cheng Thiam (Attorney-General's Chambers)
• Defendant Counsel: M Mahendran (Surian & Partners)
• Citation: [2002] SGHC 161

1. The accused is MV. He is now 63 years. He faces nine charges in relation to the same victim B who is his step-daughter.

2. The victim’s mother is C. C had married the victim’s natural father in 1986. She has two children from this marriage. The victim was born in 1988 and is the younger of the two children.

3. C divorced her first husband in or about 1988 and retained custody of the two children, including the victim.

4. C remarried in 1990. She bore her second husband two children. However, this marriage also failed and they were divorced in 1993.

5. In 1994, C came to know the accused. They were working for different companies situated in [xxx]. They went to Tanjong Pinang, Indonesia, where they got married. The "marriage" is not registered in Singapore but she and the accused behaved as husband and wife. The accused would occasionally stay with C at her residence at [xxx], Singapore. She bore the accused two sons.

6. The prosecution proceeded with the 2^nd, 8^th and 9^th charges. The charges are that the accused:

‘2ND CHARGE

on a second occasion sometime between the 1^st day of August 1997 and the 30^th day of September 1997, at or about 8.00 a.m., at [xxx], Singapore, did commit rape on one B, female/8 years old (D.O.B: 2.9.1988), to wit, by having sexual intercourse with her without her consent, and you have thereby committed an offence punishable under section 376(2) of the Penal Code, Chapter 224.

8TH CHARGE

on or about the 29^th July 2000, in the morning, at [xxx], Singapore, did commit rape on one B, female/11 years old (D.O.B: 2.9.1988), to wit, by having sexual intercourse with her without her consent, and you have thereby committed an offence punishable under section 376(2) of the Penal Code, Chapter 224.

9TH CHARGE

on or about the 21^st day of November 2001, at or about 4.00 p.m., at [xxx], Singapore, did commit rape on one B, female/13 years old (D.O.B: 2.9.1988), to wit, by having sexual intercourse with her without her consent, and you have thereby committed an offence punishable under section 376(2) of the Penal Code, Chapter 224.’

7. Section 376(2) Penal Code states:

‘376(2) Whoever, in order to commit or to facilitate the commission of an offence of rape against any woman -

(a) voluntarily causes hurt to her or to any other person; or

(b) puts her in fear of death or hurt to herself or any other person,

and whoever commits rape by having sexual intercourse with a woman under 14 years of age without her consent, shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.’

8. The accused pleaded guilty to each of these three charges. He also agreed to the remaining six charges being taken...