PUTRAJAYA: A former deliveryman convicted of raping a Year Six student failed in his appeal for a lighter sentence when the Court of Appeal upheld the 18-year imprisonment and 10 strokes of the cane imposed by the Sessions Court two years ago.
This followed a decision by a panel of three judges consisting of Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Azmi Ariffin who dismissed the appeal by Muhammad Nur Hidayat Md Selliman to reduce the punishment.
In a written judgment dated last July 31 that was uploaded on the judicial website, Judge Azmi said Muhammad Nur Hidayat had taken advantage of the girl, who was then 11 years old, with no guilt feeling or sympathy.
He said the punishment meted on Muhammad Nur Hidayat should be commensurate with the heinous offence that was committed to protect children.
"We opine that the appellant, as an adult and with mature thinking, certainly can think that his wild act will not only end in harm and disaster to himself but worst, damage the purity, honour and dignity of the victim," he said.
Judge Azmi said the remorse expressed by Muhammad Nur Hidayat to the court no longer has any value.
"The rice has become porridge...no use crying over spilt milk," he said, adding that the severe punishment meted out to the appellant was not only as a deterrent but a reminder to the public to show the seriousness of the court in dealing with and combating the heinous crime.
Muhammad Nur Hidayat, 31, was found guilty by the Sessions Court in Batu Pahat, Johor, on Dec 21, 2022, of raping the girl at a hotel in Batu Pahat, Johor at 2.30pm on Nov 20, 2020.
He was sentenced to 18 years in prison and 10 strokes of the cane and was ordered to be placed under police probation for two years after serving his time.
On Aug 22 last year, the Muar High Court dismissed his appeal against the conviction and sentence handed down by the Sessions Court. He then filed an appeal in the Court of Appeal against the sentence only. - Bernama
