A man she had befriended who said he was 28 - when he was actually nearly three times older than the girl - celebrated her birthday with her.

He later had sex with her.

The man, Suhaimi Said, 35, was yesterday jailed a year, but the jail term will begin only after he completes his current sentence of seven years and nine months plus six strokes of the cane for drug-taking.

District Judge F.G. Remedios told the bespectacled man that this was no ordinary case of carnal connection: 'You were having sexual intercourse with a girl who was 12. You were very fortunate that the prosecution did not charge you with rape but with the present offence.'

The offence was really one of rape and he should have been caned, added the judge.

Had Suhaimi been charged with statutory rape - having sex with a girl below 14, with or without her consent - he could have faced a 20-year jail term and been caned as well.

But the offence he pleaded guilty to, under the Women's Charter, carries a maximum sentence of five years in jail and a fine of up to $10,000.

It is not known why the prosecution did not proceed on a rape charge.

Suhaimi asked for his new sentence to run together with his current jail term.

But Assistant Superintendent Rajj Kishore Rai, who was prosecuting the case, objected as Suhaimi had taken advantage of a girl one-third his age.

Investigations revealed that, some time last August, the girl came to know Suhaimi by chance after mistakenly calling his mobile phone.

They chatted and he lied to her that he was 28. She said she was 12. Many phone conversations followed.

On Oct 24, he celebrated her birthday and later took her home, where they had sex. They kept in touch until he was jailed last December.

He has convictions for unrelated offences, including causing hurt and drug trafficking.