PUTRAJAYA: The Court of Appeal today upheld a nine-year prison sentence and three strokes of the cane imposed on a night market trader for sodomising his stepdaughter in 2019.
The court’s three-man panel, led by Justice Datuk P. Ravinthran, dismissed the appeal by the 38-year-old man, affirming both his conviction and sentence.
Justices Datuk Azman Abdullah and Datuk Wan Ahmad Farid Wan Salleh were presiding with Justice Ravinthran.
The court ordered the man to begin serving his prison sentence today. He had been on a RM20,000 bail with one surety while awaiting the outcome of his appeal.
In delivering the court’s unanimous decision, Justice Ravinthran said the allegation that the victim’s biological father had a motive to fabricate evidence as he wanted to obtain custody of the victim, is improbable.
Justice Ravinthran also said there was no merit in the appellant’s arguments regarding a discrepancy in the date of the incident.
He said the nine-year jail sentence and three strokes of the cane are adequate and not excessive.
On Feb 21, 2023, the Sessions Court found the man guilty of committing carnal intercourse against the order of nature on the victim, who was eight years old at that time, in a house in Kuala Terengganu, Terengganu, between 12 noon and 6 pm in December 2019.
His appeal was dismissed by the High Court on Jan 31 last year.
According to the facts of the case, the victim’s parents had divorced, and her mother subsequently remarried the appellant. The victim and her elder sister lived with the couple.
The victim’s biological father made a police report on April 24, 2020, after the victim told him that she had been sodomised by the appellant.
At today’s hearing, the man was represented by lawyer Ghazali Ismail while deputy public prosecutors Mohd Fairuz Johari and Dhiya Syazwani Izyan Mohd Akhir appeared for the prosecution.
