PUTRAJAYA, Nov 25 — A labourer was ordered by the Court of Appeal to serve 32 years behind bars with 22 strokes of caning for raping and sodomising his underage daughter five years ago.
A three-judge panel comprising judges Datuk Ahmad Zaidi Ibrahim, Datuk Azman Abdullah and Datuk Azmi Ariffin dismissed the 51-year-old man’s appeals today to overturn his conviction and imprisonment term for a rape charge and a sodomy charge.
In a separate ruling, the court allowed the prosecution’s appeal to reinstate the conviction for another rape charge, reversing a High Court decision that had acquitted and discharged the man of that offence.
In dismissing the man’s appeal with regard to the rape and sodomy charges, Justice Ahmad Zaidi said there were concurrent findings made by both the Sessions Court and High Court. He also said the victim was a credible witness and her testimony was supported by medical evidence.
Meanwhile, he said the prosecution’s appeal has merits and the court set aside the High Court’s decision that had acquitted the man of another rape charge.
Justice Ahmad Zaidi also said the imprisonment and whipping sentences meted out by the Sessions Court were not manifestly excessive.
On July 4, 2022, the Sessions Court in Kuala Terengganu, Terengganu, convicted the man of two charges of raping his daughter, who was then 15 years old, and one charge of sodomising her at a house in Kuala Berang in Hulu Terengganu district, Terengganu.
For the first rape charge, the offence took place at noon on Aug 14, 2019 while the other rape and sodomy offences occurred at 2 pm on Nov 26, 2019.
The rape charges were brought under Section 376 (3) of the Penal Code, while the sodomy charge was framed under Section 377C of the Penal Code.
The man was sentenced to 16 years in prison and 10 strokes of the cane for each of the rape charges. He was also given a seven-year prison sentence and two strokes of the cane for the sodomy offence.
The sentences for the rape and sodomy offences are to be served concurrently. This prison sentence will begin only after he has completed the 16-year prison term for the first rape charge. The sentences are to begin from the date of his arrest on Dec 2, 2019.
On July 25 last year, the High Court upheld the man’s conviction for the rape and sodomy charges but acquitted him of the first rape charge.
The man was represented by lawyer Muhammad Nadzir Abdullah while deputy public prosecutor Atiqah Abdul Karim @ Husaini appeared for the prosecution. — Bernama
