Public Prosecutor v Akbar Late Md Hossain Howlader: Rape under Penal Code s 376(1)
In Public Prosecutor v Akbar Late Md Hossain Howlader, the High Court of Singapore heard the case against Akbar Late Md Hossain Howlader, a Bangladeshi national, who was charged with two counts of rape against Y, an Indonesian maid, under Section 376(1) of the Penal Code. The alleged offences occurred at 45 Jalan K between 10.30pm on 4 May 2003 and 2.30am on 5 May 2003. Tay Yong Kwang J convicted the accused on the first count of rape but acquitted him on the second count.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused convicted on first charge of rape and acquitted on second charge of rape.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Akbar Late Md Hossain Howlader was charged with rape under s 376(1) of the Penal Code. The court convicted him on one count of rape.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Conviction on first charge of rape | Partial | G Kannan, Lee Jwee Nguan |
| Akbar Late Md Hossain Howlader | Defendant | Individual | Convicted on first charge of rape, Acquitted on second charge of rape | Lost, Won | Aziz Tayabali Samiwalla, Rajan Supramaniam |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| G Kannan | Deputy Public Prosecutors |
| Lee Jwee Nguan | Deputy Public Prosecutors |
| Aziz Tayabali Samiwalla | Aziz Tayabali and Associates |
| Rajan Supramaniam | Tan See Swan and Co |
4. Facts
- The accused, a 34-year-old Bangladeshi national, was working in Singapore for Hong Tar Engineering Pte Ltd.
- The victim, a 25-year-old Indonesian lady, was working as a maid at 45 Jalan K.
- The alleged rape occurred between 10.30pm on 4 May 2003 and 2.30am on 5 May 2003 at 45 Jalan K.
- The accused had a prior sexual relationship with the previous maid at 45 Jalan K.
- Spermatozoa were found in the endocervical swab taken from the victim.
- DNA matching the accused’s DNA profile was found on the vaginal swabs, towel, and bedsheet.
- The accused initially denied knowing the previous maid, A, in his statements to the police.
5. Formal Citations
- Public Prosecutor v Akbar Late Md Hossain Howlader, CC 3/2004, [2004] SGHC 128
6. Timeline
| Date | Event |
|---|---|
| Y arrived in Singapore from Indonesia | |
| Y was employed as a domestic maid by PY | |
| A left for Indonesia after her two-year contract expired | |
| Y saw a Bangladeshi man cycling back and forth on the road in front of 45 Jalan K | |
| Y saw the accused seated on the stone bench across the road opposite 47 Jalan K | |
| PT’s daughter and her husband went to 45 Jalan K to take PT out for dinner | |
| Alleged rape occurred between 10.30pm on 4 May 2003 and 2.30am on 5 May 2003 | |
| Y informed PS that an intruder had entered her room during the night | |
| Y was sent to the National University Hospital for a medical examination | |
| The police arrested the accused at his place of work at the Skytech Building | |
| Y attended an identification parade at the Criminal Investigation Department and identified the accused as the man who raped her | |
| Accused made first statement pursuant to s 122(6) of the Criminal Procedure Code | |
| Accused made another statement to the investigating officer | |
| Accused was charged with a second charge of rape against Y | |
| S left the employ of the residents of 47 Jalan K | |
| Sentence to take effect from 12 May 2003 | |
| Decision Date |
7. Legal Issues
- Whether sexual intercourse was consensual
- Outcome: The court found that the sexual intercourse was not consensual.
- Category: Substantive
- Whether there were one or two occasions of intercourse
- Outcome: The court was not convinced beyond reasonable doubt that there were two acts of penetration.
- Category: Substantive
- Appropriate sentence to be passed in light of aggravating factors present
- Outcome: The court sentenced the accused to 13 years’ imprisonment and 14 strokes of the cane.
- Category: Procedural
8. Remedies Sought
- Imprisonment
- Caning
9. Cause of Actions
- Rape
10. Practice Areas
- Criminal Law
- Rape
- Sentencing
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ang Jwee Herng v PP | High Court | Yes | [2001] 2 SLR 474 | Singapore | Cited regarding adverse inference if the Prosecution withholds evidence. |
| Chua Keem Long v PP | High Court | Yes | [1996] 1 SLR 510 | Singapore | Cited regarding adverse inference if the Prosecution withholds evidence. |
| Fun Seong Cheng v PP | High Court | Yes | [1997] 3 SLR 523 | Singapore | Cited regarding challenge on accuracy and not admissibility, no voir dire was necessary |
| Chia Kim Heng Frederick v PP | Court of Criminal Appeal | Yes | [1992] 1 SLR 361 | Singapore | Cited for guidelines on sentencing. |
| Regina v Lucas (Ruth) | Queen's Bench | Yes | [1981] QB 720 | England and Wales | Cited for the four criteria for lies indicating guilt. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 376(1) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) s 157(c) | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 122(6) | Singapore |
| Evidence Act s 116 illustration (g) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Consent
- Penetration
- DNA
- Spermatozoa
- Maid
- Intrusion
- False accusations
15.2 Keywords
- Rape
- Sexual Assault
- Criminal Law
- Singapore
- High Court
- Penal Code
- Consent
16. Subjects
- Criminal Law
- Rape
17. Areas of Law
- Criminal Law
- Criminal Procedure
- Sentencing
- Rape