Imprisonment On Man Who Kidnapped Two Children In Kuala Selangor Increased To 36 Months

KLANG, Aug 21 (Bernama) -- The High Court here today increased the 24-month imprisonment imposed by a Magistrate’s Court on a goreng pisang” (banana fritter) seller who pleaded guilty to a kidnapping charge to 36 months.

Judge Norliza Othman also increased the RM2,000 fine imposed by the Sungai Besar Magistrate's Court on Mohamed Shariza Othman, 32, to RM6,000, in default of four months in prison. 

The judge ordered Mohamed Shariza to serve the jail sentence from the date of his conviction, which was last July 25.

In her judgment, Norliza said the case, which involved the kidnap of two girls, aged six and eight, and the sentence imposed on the accused by the Magistrate’s Court, caught her attention because of the extensive coverage by the local press.

"Therefore, I instructed that the case be called for review according to Section 325 of the Penal Code," she said.

She said the court regarded kidnapping as a serious crime and had issued a 'judicial notice' in several kidnapping cases that shocked the country such as the one involving eight-year-old Nurin Jazlin Jazimin whose body was found in a sports bag.

Other cases include Sharlinie Mohd Nashar and Muhamad Asmawi Jalaludin who have yet to be found despite them being reported missing in January and March 2008 respectively, she added.

In the 17-page judgement, Norliza said that although the time the two victims were missing was about two hours, it was not something to be underestimated.

"What is more important is that even in a short time, the trauma that a mother has to endure after finding her little child missing and being taken by a stranger in a car without knowing the direction and purpose is definitely something that cannot be described or translated into words,” she said.

Taking into account the age of the victims, she said they could not fight back.

She said Mohamed Shariza, as a father himself, should understand the instincts of a parent more than people who don't have children. 

"The irony is that based on the excuse (by Mohamed Shariza) of longing for a daughter, he had kidnapped the children concerned,” he said.

The judge opined that the factor of the respondent's interest and that of public interest should be balanced.

As such, the sentence handed down should also serve as a deterrent to the respondent and society,  she said.

Earlier, deputy public prosecutor Farah Aqilah Ahmad Fuad said a review of the Magistrate's Court decision was necessary to avoid setting a precedent involving such cases under Section 363 of the Penal Code.

"The sentence meted out is too lenient and does not reflect the public interest because this case involves the safety of two children who were abducted from their legal guardians," she said.

   Last July 25, Mohamed Shariza was sentenced to 24 months in prison and fined RM2,000, in default two months in jail,  after he pleaded guilty in the Magistrate's Court to a kidnapping charge.

He was charged with kidnapping the two girls from their legal guardians at Taman Ikan Emas, Jeram in Kuala Selangor at 6.30 pm on July 19.

The charge was framed under Section 363 of the Penal Code which provides a maximum jail term of seven years and a fine if convicted. 

  The court also ordered him to serve the prison sentence from the date of conviction. Mohamed Shariza is currently serving his sentence at the Kajang Prison.

-- BERNAMA