A man who assaulted a minor boy in a coffee shop in Yishun in November 2016, was sentenced to eight years of imprisonment, including 12 strokes of the cane on Monday.
The accused, Samsugani Jahir Hussain is an Indian national, who befriended the 13-year-old boy about four months before the assault took place. As reports said, both of them were staying in the same public housing, which is located at Yishun Street 22.
The unnamed victim of the assault often cycled around the neighbourhood and Samsugani used to tease him for his body weight. The accused even called him 'gaandu' which is a slang in Indian regional language.
On November 25, 2016, at around 9 pm, the victim was going home and suddenly he bumped into Samsugani. Since his bicycle tyre was punctured, he told him that he could not repair it as all the shops were closed.
The accused told the boy about another shop and handed him S$2 and insisted him to take it and return afterwards, the same night at a nearby McDonald's outlet. When the victim went to McDonald's to return the money, Samsugani refused it and asked the boy to follow him back towards the house of the teen.
While going towards the flat they passed a coffee shop, located at Block 293 Yishun Street 22, where the accused insisted the victim use the toilet. At first, the boy refused to go, but when he entered the cubicle and was about to lock the door, Samsugani forcibly entered behind him and tried to assault the boy.
Shocked at the assault, the boy wriggled out and escaped from the place and went home. He described the entire incident to his grandmother, who later called the police and filed a complaint. The police arrested the accused at around 4.15 am.
The lawyer of the accused told the court that his client was suffering from a momentary lapse of judgement but never experienced any homosexual desires. The lawyer also stated that his client is the only earning member of his family, which includes his wife, two children and elderly parents in India. The accused pleaded guilty to one of the counts of aggravated sexual assault by penetration.
Section 376A Penal Code states that any person who,
(a) Penetrates, with A's penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);
(b) Sexually penetrates, with a part of A's body (other than A's penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);
(c) causes a man under 16 years of age (B) to penetrate, with B's penis, the vagina, anus or mouth, as the case may be, of another person including A; or
(d) causes a person under 16 years of age (B) to sexually penetrate, with a part of B's body (other than B's penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,
With or without B's consent, shall be guilty of an offence.
(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.
(3) Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.
