PUTRAJAYA: A trader was sentenced to 15 years in prison and given nine strokes of the rotan by the Court of Appeal for raping, committing unnatural sex and sexually assaulting his 13-year-old cousin two years ago.
A three-member bench led by Judge Datuk Seri Kamaludin Md Said made the unanimous decision on Wednesday (Feb 8) after allowing the appeal of the 30-year-old man to reduce a 20-year prison sentence and 14 strokes of the rotan imposed on him by the Sessions Court.
Judge Kamaludin, who delivered the decision, said after considering the arguments of both parties, for the offence of rape the court increased the prison term from 10 years to 15 years and reduced the whipping sentence from six strokes to three.
"For the offence of unnatural sex and sexual assault, the court maintained the five-year prison sentence and reduced the whipping sentence from four strokes to three.
"The sentences are to run concurrently from the date of arrest on Oct 20, 2021. Police supervision order for one year after the sentence is completed is maintained,” said Judge Kamaludin who was sitting with Judges Datuk Supang Lian and Datuk Ahmad Nasfy Yasin.
The man was accused of raping, having unnatural sex and sexually assaulting the girl at a rubber plantation in Sungai Siput, Perak, at 4pm on Aug 14, 2021.
For the offence of rape, the charge was framed under Section 376 (1) of the Penal Code which provides for a prison sentence of up to 20 years and whipping and a supervision order under Section 295 (1A) of the Criminal Procedure Code.
The offence of performing unnatural sex was charged under Section 377A of the Penal Code and punished under Section 377B of the Penal Code with a prison sentence of up to 20 years and whipping while the charge for sexual assault was framed under Section 14 (d) of the Sexual Offences Against Children Act 2017 which provides for a maximum prison sentence of 20 years and whipping.
On Oct 27 2021, the Kuala Kangsar Sessions Court sentenced the trader to 20 years in prison and 14 strokes of the rotan after he pleaded guilty to all three charges.
On Aug 4, 2022, the Taiping High Court rejected the man’s appeal to reduce the sentence imposed.
The prosecution was handled by deputy public prosecutor Aznee Salmie Ahmad while lawyer Kathan Maruthamuthu represented the accused.- Bernama