KUALA LUMPUR: A 44-year-old lorry driver was jailed 12 months by the Sessions Court today after he pleaded guilty to two charges linked to the death of social media influencer A. Rajeshwary, better known as Esha, who allegedly committed suicide in July.
Judge Siti Aminah Ghazali meted out the sentence on B. Sathiskumar after he changed his plea to guilty during mention proceedings today.
She ordered him to serve 12 months for each charge concurrently from the date of his arrest on July 10.
Before the court imposed the sentence, Sathiskumar admitted to making the mistake and apologised, and promised not to repeat it.
"I am wrong. I will not do it again. I ask for your forgiveness Puan (Judge)," he pleaded.
On the first charge, he was accused of posting lewd comments on a TikTok account @dual_brothers_360 with intention to annoy others at 10.12pm on June 30.
The charge under Section 233(1)(a) of the Communications and Multimedia Act 1998 provides for a maximum RM50,000 fine or a jail term of up to one year and may be fined a further RM1,000 for each day the offence continues after conviction.
On the second charge, he claimed trial to posting lewd comments with the intention to outrage the modesty of Esha's mother, P.R. Puspa, 56, through the same TikTok account on the same day, time and place.
The offence under Section 509 of the Penal Code carries a jail term of up to five years or a fine or both upon conviction.
Earlier, deputy public prosecutor Mohd Sabri Othman asked the court to impose a jail sentence which took into consideration the offences committed by the accused, as well as public interest and the rights of the victim.
"The use of lewd words used by the accused during the TikTok live showed his ill intention to annoy the victim (Rajeshwary).
"Moreover, the facts of the case showed the victim had hung herself after she lodged a police report and she was also threatened and insulted by the accused.
"This case should serve as a guide to the public that lewd words used in social media can lead to heavy penalties under the laws.
"On the second charge, he had humiliated Puspa with words that were obviously used to insult her.
"Therefore, we ask for the accused to be imprisoned as it is appropriate for both charges," he said.
In mitigation, lawyer Muhamad Izwan Ishak from the National Legal Aid Foundation asked for a minimum prison term to run concurrently as it was Sathiskumar's first offence.
He said Sathiskumar, who has a disabled wife and three children, earned RM1,500 monthly as a lorry driver.
"He is repentant. We ask the court to give him a chance to change for the better and contribute to the nation," he said.