Instead he took advantage of the 14-year-old girl’s hearing and speech impairment and molested her, right outside her school.
But someone saw the 52-year-old and a police report was subsequently lodged, leading to his arrest.
And at the Sessions Court today he was handed a prison sentence of nine years and a fine of RM10,000, in default, ten months’ imprisonment for the crime which occurred sometime in 2016.
The bus driver had initially stood charged under Section 376 (2)(d) for rape but the charge was amended during the trial.
He was then tried under Section 354 of the Penal Code for assault or use of criminal force on a person with intent to outrage one’s modesty.
The offence carries a maximum punishment of ten years imprisonment, or with a fine or with whipping or with any two of such punishments, upon conviction.
His crime only came to light after the girl had complained to her mother of pain in her breast and private part in January 2018.
Several days later, her mother discovered that the the girl’s schoolmate had witnessed their school bus driver putting his hands into her blouse and fondling her breasts. A police report was then lodged.
In passing sentence Judge Awang Kerisnada Awang Mahmud said the victim was a special person with disabilities and that the bus driver had taken advantage of this despite the fact that he was entrusted by her family to bring her to school and back home each day.
He also took note that the bus driver had not saved the court’s time by claiming trial.
“I agree with the learned DPP on the frequency of this kind of offence and the abuse of a position of trust,” he said.
The court allowed a defence request for a stay of execution pending appeal, but granted it for only the jail sentence.
The bus driver was required to pay his fine and to report to the district police station once a month from July 14.
The bus driver was represented by defence counsel Sharatha Lincon, Mohamed Zairi and DC Douglas Lim.
The case was prosecuted by Deputy Public Prosecutor, Mark Kenneth Netto.