PP v Mohammed Liton: Rape, Sodomy, and Outraging Modesty Case
In Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik, the High Court of Singapore heard a case against Mohammed Liton, a Bangladeshi national, who was charged with multiple offences including rape, sodomy, criminal intimidation, and theft. The complainant and the accused had a prior intimate relationship. The court, presided over by Justice Choo Han Teck, found the accused guilty of one count of rape under section 376(1) of the Penal Code, one count of sodomy under section 377 of the Penal Code, and one count of outraging modesty under section 509 of the Penal Code. The accused was acquitted on the remaining charges.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Accused found guilty of the fourth, sixth and seventh charges and convicted accordingly. Accused discharged and acquitted of the first, second, third, fifth, and eighth charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Mohammed Liton was charged with rape, sodomy, criminal intimidation, and theft. The court found him guilty of rape, sodomy, and outraging modesty.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Prosecution | Government Agency | Partial Victory | Partial | Christopher Ong Siu Jiu, Crystal Ong |
| Mohammed Liton Mohammed Syeed Mallik | Defense | Individual | Convicted on some charges | Partial | Udeh Kumar s/o Sethuraju |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Ong Siu Jiu | Deputy Public Prosecutors |
| Crystal Ong | Deputy Public Prosecutors |
| Udeh Kumar s/o Sethuraju | S K Kumar & Associates |
4. Facts
- The accused and complainant were colleagues and had a consensual sexual relationship.
- The complainant was married and initiated divorce proceedings.
- The complainant and accused planned to marry after her divorce.
- The complainant reconciled with her husband.
- The complainant sent a text message to a colleague asking for help, indicating she was being held hostage.
- Nude photographs of the complainant were found on the accused's phone.
- The accused had the complainant's identity card, bank card, and earrings at the time of his arrest.
5. Formal Citations
- Public Prosecutor v Mohammed Liton Mohammed Syeed Mallik, CC 23/2006, [2006] SGHC 191
6. Timeline
| Date | Event |
|---|---|
| Accused first came to Singapore. | |
| Accused started work at Giant Hypermarket. | |
| Accused and complainant became acquainted. | |
| Accused and complainant first had sexual intercourse. | |
| Complainant initiated divorce proceedings. | |
| Accused returned to Bangladesh. | |
| Complainant attended counselling session with her husband. | |
| Original departure date for complainant to visit accused in Bangladesh. | |
| Accused returned to Singapore. | |
| Alleged offences took place. | |
| Accused was arrested. | |
| Accused made a complaint to the High Commission for the People’s Republic of Bangladesh. | |
| Judgment reserved. |
7. Legal Issues
- Rape
- Outcome: The court found the accused guilty of rape under s 376(1) of the Penal Code.
- Category: Substantive
- Sodomy
- Outcome: The court found the accused guilty of sodomy under s 377 of the Penal Code.
- Category: Substantive
- Outraging Modesty
- Outcome: The court found the accused guilty of outraging modesty under s 509 of the Penal Code.
- Category: Substantive
- Voluntariness of Statement
- Outcome: The court was not satisfied that the Prosecution had proved beyond reasonable doubt that the statement was a voluntary one and excluded the statement.
- Category: Procedural
- Related Cases:
- [1993] 2 SLR 599
8. Remedies Sought
- Conviction of the accused
- Sentencing of the accused
9. Cause of Actions
- Rape
- Sodomy
- Outraging Modesty
- Criminal Intimidation
- Theft
10. Practice Areas
- Criminal Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Koh Aik Siew v PP | N/A | Yes | [1993] 2 SLR 599 | Singapore | Cited for the burden of proof lying on the Prosecution to prove beyond a reasonable doubt that the statement was voluntarily given. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 1985 Rev Ed) s 376(2)(b) | Singapore |
| Penal Code s 506 | Singapore |
| Penal Code s 377 | Singapore |
| Penal Code s 509 | Singapore |
| Penal Code s 376(1) | Singapore |
| Penal Code s 379 | Singapore |
| Criminal Procedure Code (Cap 68, 1985 Rev Ed) s 121 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rape
- Sodomy
- Outraging Modesty
- Consent
- Criminal Intimidation
- Theft
- Voluntariness of Statement
15.2 Keywords
- Rape
- Sodomy
- Outraging Modesty
- Criminal Intimidation
- Theft
- Singapore
- Criminal Law
16. Subjects
- Criminal Procedure
- Sentencing
- Sexual Offences
17. Areas of Law
- Criminal Law
- Sexual Offences