Kota Kinabalu: A 36-year-old man, who was jailed 12 years and 10 lashes of the cane for raping his underage stepdaughter, failed in his appeal against the sentence.
High Court Judge Datuk Zaleha Rose Pandin dismissed the man’s appeal on Thursday that was imposed by the lower court.
The appellant was appealing for his imprisonment and whipping sentences to be reduced.
He was sentenced to 12 years and 10 strokes of the cane by the Sessions Court after he pleaded guilty to committing the crime against the 14-year-old victim in a car at Putatan on May 20, 2023 at 3am.
The charge under Section 376 (3) of the Penal Code carries a jail term of between eight years and 30 years and whipping not less than 10 times, on conviction.
In his appeal, the appellant requested a reduction in sentences, particularly whipping.
He said that he had witnessed a cellmate in prison struggle to endure five strokes of the cane, let alone the greater number he had received.
Deputy Public Prosecutor Jessica Ombou Kakayun applied for the appeal to be dismissed and the sentences to be affirmed and maintained.
Jessica submitted, among others, that the appellant’s appeal was driven by personal interest and provided no valid reason for reducing the whipping sentence and that the interests of the victim who remains traumatised to this day, should be considered.
According to the prosecution, the appellant’s present appeal was his second case and his appeal on the first count of raping the same victim on April 22, 2023 in Papar, where he was jailed 10 years and 10 strokes of the cane, was dismissed by another High Court previously.
In another case, a 40-year-old lorry driver saw his appeal against his conviction and sentence of 10 years jail and a stroke of the cane for raping his underaged girlfriend, being dismissed by the same Court.
Judge Zaleha in delivering her decision, dismissed Rezuan Hamjah’s appeal.
Rezuan was on May 19, 2023 found guilty by the Sessions Court of raping the 14-year-old girl at 11pm on Dec 30, 2020 in a bedroom of a house in Kinarut, Papar.
He was convicted under Section 376(1) of the Penal Code, which carries a jail term of up to 20 years, and whipping, on conviction.
Rezuan, who secured a stay of execution of his sentence while awaiting an appeal to the High Court, has also been granted a stay of execution pending his appeal to the Court of Appeal.
He was represented by counsel Nabila Norsahar.
