Kota Kinabalu: A man who was jailed 20 years and ordered given 15 lashes of the cane for raping his underaged niece, was freed by the High Court.
Judicial Commissioner Datuk Duncan Sikodol, who delivered his reserved decision via video conferencing, allowed the man’s appeal against his conviction and sentence.
Duncan quashed the conviction and sentence and discharged and acquitted the man.
The man was on Aug 27, 2019 sentenced to 20 years’ jail and ordered given 15 strokes of the cane by the Kudat Sessions Court after a full trial for raping the 13-year-old girl at 3pm in early September 2017 in a house in Kudat.
The charge under Section 376(3) of the Penal Code carries a jail term of between eight years and 30 years and whipping of not less than 10 times, upon conviction.
The man was ordered to serve the sentence from the date of his conviction on Aug 27, 2019.
He was represented by counsel Amli Nohin.
Meanwhile, in the Magistrate’s Court, a man was fined RM1,000 or two months jail for engaging in an online gambling activity.
Shashiradz Mahmud, 33, pleaded guilty before Magistrate Lovely Natasha Charges to committing the offence at 4pm on July 3, 2020 at a premises at Taman Kolombong here.
He was charged under Section 7(2) of the Common Gaming Houses Act 1953 which provides for a fine of up to RM5,000 or jail term of up to six months or both, upon conviction.
In the same court, a 23-year-old woman was fined RM900 or two months jail for having lottery tickets illegally.
Nevrina Peter admitted to having a piece of 4D slip without a licence at 2.45pm on Aug 11, 2020 in a rented room in Sinsuran Complex, here.
The charge under Section 9(1) of the Common Gaming Houses Act 1953 provides for a fine of up to RM5,000 or jail term of up to six months or both, upon conviction.
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