PUTRAJAYA: The Court of Appeal has upheld a 15-year prison sentence and three strokes of the cane for a former police officer convicted of committing incest with his sister-in-law.
A three-judge panel chaired by Justice Datuk Azman Abdullah unanimously dismissed the 32-year-old appellant’s challenge against his conviction and sentence.
Justice Azman stated that the Sessions Court had committed no error of law or fact in its original judgment.
“It must be noted that SP1 (prosecution witness), the victim, was a young woman living in the home of the appellant and her sister, where the appellant was her brother-in-law,” he said.
He added that the sentence imposed by the Sessions Court and upheld by the High Court was not manifestly excessive given the circumstances.
“Furthermore, at the time of the incident, the appellant was serving in the Royal Malaysia Police,” Justice Azman said.
The court noted that the appellant’s actions had irrevocably ruined the future of his sister-in-law.
On 28 August 2023, the Sessions Court convicted the appellant and sentenced him to 15 years imprisonment and three strokes of the cane.
The High Court dismissed his appeal on 26 November last year, leading to his final appeal to the Court of Appeal.
The offence occurred at an apartment in Selangor on 23 March 2020 when the victim was 19 years old.
The victim was a college student who had been ordered to vacate her dormitory during the Covid-19 Movement Control Order.
Unable to return to her hometown, she was taken in by her elder sister, who lived with the appellant, her newly married husband.
The appellant was charged under Section 376A of the Penal Code, punishable under Section 376B(1), which prescribes up to 30 years’ imprisonment and caning.
Deputy public prosecutor Shamala Jaganathan appeared for the prosecution during today’s hearing.
The appellant was represented by counsel Shaharuddin Mohamed. – Bernama
