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Appeal against rape sentence put off
Published on: Saturday, February 24, 2018

Kota Kinabalu: An appeal by the prosecution against the sentence of 15 years' jail and one stroke of the cane imposed on a 30-year-old local for raping his cousin has been adjourned to March 2.

High Court Judge Datuk Nurchaya Arshad set the date Friday after the man, who was unrepresented, applied for time to appoint a counsel.

No objection was raised by the prosecution.

The man was on Nov 17, 2017 sentenced by the Sessions Court when he changed his plea to guilty during the defence stage after three witnesses testified.

He admitted to raping his 18-year-old cousin at 7am in late October 2014 in a house at Membakut.

The victim had given birth to a baby boy as a result of the rape.

The Sessions Court also ordered the man to pay compensation to the victim in the sum of RM10,000 or six months' jail and to be placed under police supervision for two years after serving sentence.

The charge under Section 376(1) of the Penal Code carries a jail term of up to 20 years and whipping on conviction.

Deputy Public Prosecutor (DPP) Husna Abd Halim appeared for the prosecution.

Meanwhile, the court struck out an appeal by a Filipino shop assistant against his sentence for having 12 pornographic films in DVDs.

The court made the decision after Kazmer Mohd Ali informed the court that he did not want to proceed with the appeal.

Kazmer was on Aug 9, 2017 fined RM25,000 or 24 months' jail by the Magistrate's Court for committing the offence at 5.15pm on Aug 7, 2017 at Movie Station on the ground floor of the Centre Point Sabah Complex.

DPP Akmazatul Mohd Nawi appeared for the prosecution. - Jo Ann Mool

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