From death sentence to 40 years’ jail for rape, sodomy against senior citizen

From death sentence to 40 years’ jail for rape, sodomy against senior citizen

(TMR File Photo)

Monday, January 13th, 2025 at News

by FARAH SOLHI


THE Federal Court has allowed Sathiaraj Kundaiah’s appeal against his death penalty for raping and sodomising an 85-year-old woman, which led to her death, in 2019.

The panel of three judges led by Justice Tan Sri Harmindar Singh Dhaliwal today replaced the convict’s death penalty with 40 years of imprisonment, which began from his date of arrest on Oct 9, 2019.

They also sentenced him to 12 strokes of caning.

Sitting with Harmindar during today’s proceeding were Datuk Nordin Hassan and Datuk Abu Bakar Jais.

Before the panel’s decision, Sathiaraj’s lawyer Anwar Ezzad submitted for the court to consider replacing the death penalty with a 31-year imprisonment term, as allowed under the Abolition of Mandatory Death Penalty Act 2023.

Deputy public prosecutor How May Ling walked the court through the manner of the crime committed by Sathiaraj.

He had asked the deceased for some water, followed her into her house and locked the doors despite the latter not responding to his request.

“He covered the deceased’s mouth (while standing behind her) and stuck a few layers of cloth deep into her throat to gag her and proceeded to wrap the victim’s head, twice, with cloth, to ensure she could not breathe.

“Both the wrappings around the face covered the mouth as well as the nose, causing her to asphyxiate. The wrappings were tight, and he proceeded to bring her into a room, tied both her hands behind her back to prevent her from removing the cloth.

“He then proceeded to rape and sodomise the victim without any mercy and from the photographs (taken by investigating police), it is clear that some parts of her intestines had come out.

“He then ransacked the victim’s house, took a gold chain and left the deceased lying face down on the bed. He had left her there to die,” she said.

How added that Sathiaraj had pawned the jewellery for RM900, which he then used to buy drugs.

She further said pathologist reports on the victim’s body revealed 31 different types of injuries, including abrasions and tears in her private parts.

When removed from her mouth, the cloth had blood on it and some teeth fell out, indicating the level of force Sathiaraj had used on the victim, How said.

“The appellant’s doings were horrific, cruel and diabolical, a crime committed beyond any humane conscience, which shocked the judiciary and society.

“(Therefore) an imprisonment term would be inadequate,” she said.

Sathiaraj was 27 years old when he was charged in 2019. At the trial, Sathiaraj told the court that he had been consuming drugs since the age of 14.

The High Court, in 2022, sentenced him to death by hanging after finding that Sathiaraj’s defence, which argued that he did not have the intention to kill and that he was intoxicated when committing the crime, was bare denial and not credible.

High Court judge Datuk Ab Karim Ab Rahman said Sathiaraj had not denied that he stuffed a wad of cloth into the victim’s mouth, bandaged her face, tied her hands, raped, sodomised, stole her jewellery and pawned it.

“The intent to kill is not merely seen as an act done directly. The accused knew that his acts would cause death. (In this case), the accused’s action showed his intent,” he said.

Sathiaraj then appealed against the decision in the Court of Appeal last year, which sustained the death penalty.