[2000] SGHC 139: Sivalingam Suresh v Public Prosecutor
Summary of Sivalingam Suresh v Public Prosecutor [2000] SGHC 139
Case Details:
• Case Number: MA 19/2000
• Decision Date: 12 July 2000
• Court: High Court
• Judge: Yong Pung How CJ
• Counsel:
• For appellant: Kesavan Nair (MPD Nair & Co)
• For respondent: Jennifer Marie and Tai Wei Shyong (Deputy Public Prosecutor)
• Parties: Sivalingam Suresh (appellant) vs. Public Prosecutor (respondent)
Charges and Conviction:
• Charge: Use of criminal force with intent to outrage modesty (Penal Code, s 354A(1))
• Incident: On 6 August 1998, Sivalingam Suresh used a knife to threaten and molest a Bangladeshi cleaner, Mokbul Md Sharaf Ali Sheikh.
• Conviction: Sivalingam Suresh was convicted and sentenced to 30 months’ imprisonment and four strokes of the cane.
Facts:
• The incident occurred when the victim was cleaning the corridor and was called into the appellant’s flat.
• The appellant showed the victim a pornographic video and molested him at knifepoint.
• The victim managed to escape and reported the incident to his supervisor, leading to a police report.
Defense:
• The appellant denied the incident, claiming the victim’s complaint was revenge for being barked at by the appellant’s dogs.
• The defense argued inconsistencies in the victim’s account and questioned the victim’s actions during the incident.
Court’s Analysis:
• The court held that the inconsistencies pointed out by the appellant were immaterial to the case.
• The victim’s account was deemed unusually compelling, supported by contemporaneous complaints and the discovery of a pornographic videotape near the appellant’s flat.
• The trial judge’s findings were upheld, considering the credibility and congruence of the victim’s evidence.
Appeal:
• The appeal was against the conviction, with the sentence appeal withdrawn.
• The High Court dismissed the appeal, finding no reason to overturn the trial judge’s findings.
Outcome:
- The appeal was dismissed, and the conviction and sentence were upheld.
