PUTRAJAYA: A former army staff lost his final appeal when the Court of Appeal upheld his conviction and sentence of 10-year jail and five strokes of the cane for raping his former girlfriend.
A three-judge panel consisting of Justices Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah and Datuk Wong Kian Kheong dismissed the 42-year-old man’s appeal on last Monday.
Delivering the court’s unanimous decision, Justice Ruzima said both the Sessions Court and High Court had reached concurrent findings and the appellate should not overturn these findings unless they are found to be incorrect.
He said that based on the evidence presented, the Sessions Court judge did not err in his decision.
On the sentence, Justice Ruzima said there was no reason to disturb the sentence imposed by the Sessions Court and affirmed by the High Court.
On June 27, 2022, the Taiping Sessions Court found the man guilty of raping the 37-year-old single mother of two daughters in a car at a car park in Taiping, Perak between 6.30 pm and 7.30 pm on April 1, 2019.
On December 18 last year, the High Court also dismissed the man’s appeal against his conviction and sentence and also the prosecution’s cross-appeal against the sentence.
During the proceedings on Monday, the man was represented by lawyers P. Ravee and Anis Sabrina Mokhtar, while deputy public prosecutor Mohamad Arif Aizuddin Masrom appeared for the prosecution.
