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Molesting grandson: Man’s whipping sentence reduced from 6 to 3 strokes
Published on: Thursday, November 25, 2021
By: Jo Ann Mool
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Kota Kinabalu: A 63-year-old man, who was jailed eight years and ordered to be caned six times for sexually harassing his seven-year-old grandson has had his whipping sentence reduced to three.

High Court Judge Datuk Nurchaya Hj Arshad maintained the man’s eight years imprisonment sentence after hearing his appeal against his sentence as well as the cross-appeal by the prosecution against the inadequacy of the sentence imposed.

The court reduced the man’s whipping sentence from six lashes to three lashes since he is 63 years old.

 The unemployed man was on Jan 11 sentenced to eight years’ jail and ordered given six lashes of the cane after he pleaded guilty to rubbing his genital on the boy’s private parts at 8.30pm on Dec 23, 2020 in a room of a house in a village in Kota Belud.

The charge under Section 14 (a) of the Sexual Offences against Children Act 2017 carries a jail term of up to 20 years and whipping, on conviction.

The man, who was not represented, requested for his sentence to be reduced because he was old and is ill.

Deputy Public Prosecutor (DPP) Rustam Sanip appealed for the imprisonment sentence to be enhanced to more than 10 years and submitted that the offence under the said Section carries a maximum imprisonment of 20 years and also cited a decided case in which imprisonment sentence had been enhanced to 10 years.

On the whipping sentence, DPP Rustam submitted that Section 289 of the Criminal Procedure Code stated that even the male offender’s age is above 50 years old, if it involves sexual offences, can be sentenced to whipping as well.

To a question by the court, the man agreed that he committed the offence because of lust when asked about his reason for committing the offence.

“But I have repented now and prayed while in prison,” said the man.

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