PUTRAJAYA: A 72-year-old man began serving a 24-year prison sentence today after the Court of Appeal dismissed his bid to overturn his conviction for raping a 14-year-old girl in 2019.
A three-judge panel unanimously upheld the earlier Sessions Court conviction and sentence, which included five strokes of the cane.
Justice Datuk Mohamed Zaini Mazlan, who presided alongside Justice Datuk Noorin Badaruddin and Justice Datuk Hayatul Akmal Abdul Aziz, stated that the Sessions Court’s factual findings were based on prosecution witness testimonies.
“We find the sentence imposed by the High Court to be appropriate,“ said Justice Mohamed Zaini.
“The appeal is therefore dismissed, and the decision of the High Court is upheld.”
The court issued a warrant of committal, compelling the man to begin his prison sentence immediately.
He had previously been released on RM15,000 bail with one surety pending the outcome of his appeal.
While Section 289 of the Criminal Procedure Code generally prohibits caning men over 50, an exception is made for sexual offences.
The appellant, a former security guard at an oil palm plantation, faced three counts of raping the girl at a house in Besut, Terengganu, in March and June 2019.
The man’s wife and the victim’s mother are cousins.
Justice Mohamed Zaini stated that the appellant’s alibi defence had been carefully analysed by the Sessions Court judge.
The appellate court was satisfied that no significant error had been made to warrant its intervention.
The case has a complex procedural history spanning multiple court hearings and appeals.
Initially, the Sessions Court acquitted and discharged him on the first two charges without calling for his defence.
The prosecution successfully appealed, resulting in the High Court ordering the appellant to enter his defence.
On October 16, 2022, he was convicted on the third charge and sentenced to 12 years in prison and three strokes of the cane.
On June 25, 2023, he was also found guilty on the first two charges, receiving a sentence of 12 years and one stroke of the cane for each charge.
This led to a cumulative sentence of 36 years and five strokes of the cane.
On August 10, 2023, the High Court upheld his conviction and sentence for the third charge.
Later, on December 13 the same year, the High Court partially allowed his appeal regarding sentencing for the first two charges.
The court ordered the sentence for the first charge to run concurrently with the third, reducing his total sentence to 24 years in prison and five strokes of the cane.
Deputy public prosecutor How May Ling appeared for the prosecution during today’s hearing.
The appellant was represented by counsel Datuk Sukri Mohamed and Melissa Sukri. – Bernama
