30 years jail, 13 lashes for raping, sexually assaulting teen daughter

 

The former timber lorry driver raped and sexually assaulted his daughter when she was 14 years and six months old. (AFP pic)

PUTRAJAYA: A former timber lorry driver will spend a total of 30 years in jail for rape and sexually assaulting his underage daughter five years ago.

The man, now 59, will also be whipped 13 times as the provisions under Section 376(3) of the Penal Code and the Sexual Offences Against Children Act allow for flogging though an offender is aged 50 and above.

A three-member Court of Appeal bench, led by Kamaludin Md Said, said this was in line with the current sentencing trend.

“You should consider yourself lucky as there was no cross-appeal on punishment by the prosecution.

“Your jail term could be increased under Section 16 (2) of the Sexual Offences Against Children Act, as submitted by the deputy public prosecutor (DPP),” Kamaludin said in dismissing the man’s appeal against his sentence.

Kamaludin, who sat with M Gunalan and Hashim Hamzah, said the High Court ruling that ordered the man to serve the sentence consecutively would be maintained.

DPP Mohd Zain Ibrahim appeared for the prosecution while Khairul Shahrizan Hamizi represented the man.

The man had raped the girl when she was aged 14 years and six months. He was charged with this offence under the Penal Code.

He also sexually assaulted the girl, which is an offence under the Sexual Offences Against Children Act.

The first offence took place on Aug 21, 2017 and the second four days later at a house in Temerloh, Pahang.

The sessions court sentenced him to 20 years and 10 strokes of the rotan for rape, and 12 years and six strokes of the rotan for the other offence.

The trial court ordered the sentence to run consecutively, meaning 32 years and 16 lashes.

Following an appeal, the High Court maintained punishment for the rape but reduced the jail term and rotan for sexual assault.

Meanwhile, in another case, the same Court of Appeal bench upheld a 12-year jail term and five strokes of the rotan imposed on a jobless man for splashing acid on the face of a woman, disfiguring her.

Mohd Farid Md Amin, 35, committed the offence at a food stall in Taman Nusantara, Gelang Patah, Johor, at about 1pm on Oct 16, 2018.

DPP Khairul Aisamuddin Abdul Rahman submitted that causing such grievous hurt had traumatised the victim.

“The trial sessions court judge had remarked that the victim had to cover her face in public due to the scars on her face,” he said.

Lawyer Mohd Faizi Che Abu urged the court to be lenient as Farid was a first-time offender. - FMT