COURT UPHOLDS 45 YEARS IMPRISONMENT, 24 WHIPPING ON DELIVERY MAN CONVICTED OF INCEST

PUTRAJAYA,  Nov 26  (Bernama) -- The Court of Appeal today upheld a 45-year jail sentence and 24 strokes of the cane imposed on a delivery man for committing incest with his stepdaughter four years ago.

A three-member panel comprising Datuk Mohamed Zaini Mazlan, Datuk Hayatul Akmal Abdul Aziz and Datuk Mohd Radzi Abdul Hamid reached the decision after dismissing the 34-year-old man’s appeal against his conviction and sentence handed down by the Kuala Terengganu High Court on April 14 this year.

Delivering the unanimous judgment, Mohamed Zaini said the court did not accept the defence counsel’s argument that the charges were defective.

 "We opine that there is no need for the charges to contain specific dates and times because they are not essential elements of the offence in the charges in this case. It is sufficient for the dates and times to be stated in general terms," he said.

Mohamed Zaini said that at the time of the incident, the victim was 11 years old, a child who still needed protection from her mother and the appellant, even though the appellant is the victim's stepfather.

"When a crime is committed against a victim by someone who is her refuge, it is difficult for the victim to disclose it to anyone. We are satisfied with the explanation given by the victim regarding her delay in disclosing the crime committed against her by her stepfather.

"We have examined the appeal record and considered the submissions of both parties. We find that the conviction of the appellant is safe, and there is no reason to disturb the findings of the Sessions Court and High Court judges.

“We also believe that the sentence imposed on the appellant is proportionate," said Mohamed Zaini.

Meanwhile, Mohamed Zaini, describing the offence committed by the appellant as heinous, said the court should serve a warning not only to the appellant, but also to the community that sexual crimes against children are a crime that is taken seriously by the court and warrants a severe sentence.

"Therefore, the appellant's appeal against the conviction and sentence is dismissed. We order that a warrant of committal or imprisonment be issued against the appellant, and the appellant is ordered to serve the prison sentence starting today," said the judge.

The man was charged at the Kuala Terengganu Sessions Court with four counts of raping the victim, who was then aged 11 years.

 The charges were framed under Section 376 (3) of the Penal Code, which provides imprisonment of between eight years and 30 years and not less than 10 strokes of the cane upon conviction.

He was also charged under Section 377CA of the Penal Code for sexual connection with an object.

All the offences were committed at a house in Kuala Terengganu, between early June and November 2021.

On Feb 29 last year,  the Kuala Terengganu Sessions Court sentenced the man to 45 years in prison and 24 strokes of the cane after finding him guilty of all five charges and the conviction and sentence were upheld by the Kuala Terengganu High Court on April 14 this year.

The prosecution was conducted by Deputy Public Prosecutor P. Sarulatha, while the appellant was represented by lawyer Muhammad Wafi Anwar Roslan.

-- BERNAMA