Raping disabled woman: Man fails in appeal
Published on: Thursday, October 01, 2015
Kota Kinabalu: A 26-year-old local man, who was jailed a total of 27 years and ordered given 12 strokes of the cane for raping a disabled woman twice, failed in his appeal against the Sessions Court's decision.High Court Judge Datuk Nurchaya Arshad dismissed Borhan Laja Idaru's appeal and upheld the sentences imposed by the lower court on him.Borhan's counsel Hamid Ismail had earlier submitted to the court that the trial judge had failed to consider all evidence and applied for a re-trial of the case.ADVERTISEMENT Borhan was on April 13 this year found guilty and sentenced to 12 years' jail plus six strokes of the cane for raping the 20-year-old woman at 5pm on March 5, 2011 in a lorry parked near Kg Tajau Laut in Kudat.He was handed another 15 years' jail and six lashes of the cane on the second count committed at the same place and same time.The offence, under Section 376(1) of the Penal Code, provides for a jail term of up to 20 years and whipping if convicted.The Sessions Court ordered Borhan to serve the sentences consecutively with his present five-year jail term for a drug offence.ADVERTISEMENT In another case, the court fixed Oct 5 for hearing of an appeal by a 27-year-old woman against her sentence of 15 years' jail for causing the death of her former pastor boyfriend.Nurchaya set the date for Ammy Lian Amparol's counsel Hamid Ismail to discuss further with Ammy's family on whether they want a trial or a reduction of the sentence.
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Earlier, Hamid submitted Ammy's guilty plea was conditional and therefore should be rejected by the trial judge because Ammy had rebutted the facts of the case by saying that she was not aware of her action and did not know what she was doing.Stay up-to-date by following Daily Express’s Telegram channel.
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Ammy had, on May 27 this year, pleaded guilty at the Sessions Court here to causing the death of one Josyua Jasbon, 31, at 8pm on May 10 in a rented room at Bandaran Berjaya. The offence, under Section 304(a) of the Penal Code, carries a jail term of up to 30 years on conviction.Deputy Public Prosecutors Aida Fatimah Datuk Abdul Jabar and Wan Farrah Farriza Wan Ghazali appeared for the prosecution.