Court restores 16-year jail term against gang rape mastermind

 The Court of Appeal dismisses the appeal against conviction and sentence filed by the offender, who was a minor when the offence was committed.

The Court of Appeal invoked Section 60 of the Courts of Judicature Act to restore the 16-year sentence, even though there was no cross-appeal by the prosecution.

PUTRAJAYA:

 The Court of Appeal has reinstated a 16-year jail term imposed by the sessions court against a man who was the mastermind behind the gang rape of a 12-year-old girl about five years ago.

A three-member bench chaired by Azmi Ariffin dismissed the appeal against conviction and sentence filed by the offender, now 22.

The offender, aged 16 years and eight months at the time the crime was committed, was convicted for rape, along with three other adults in 2023.

Azmi, sitting with Justices Hayatul Akmal Abdul Aziz and Meor Hashimi Abdul Aziz, invoked Section 60 of the Courts of Judicature Act to restore the sentence, even though there was no cross-appeal by the prosecution.

The High Court had previously reduced the trial judge’s sentence to 12 years.

Azmi, however, said the punishment imposed by the High Court did not commensurate with the offence committed on the victim.

Azmi said the 16-year sentence and conviction were safe, as the girl’s evidence was “overwhelming and believable”.

The 16-year jail term, originally imposed by the trial judge on Dec 17, 2023, and affirmed by the High Court against Tuan Shafiq Tuan Ismail (now 26), Ghardafi Abdullah (25), and Ahmad Syah Herfudin Omar (28), has been retained.

The 22-year-old offender and Ghardafi will begin their jail term immediately as they were on bail pending their final appeal today. Tuan Shafiq and Syah Herfudin are already serving their sentences.

They committed the offence at a Felda oil palm plantation in Dungun, Terengganu, between 9pm and 11pm on Sept 29, 2020.

The charge, under Section 375B of the Penal Code for gang rape, carries a jail term of 10 to 30 years, but unlike rape under Section 376, it does not carry a whipping sentence.

The facts of the case revealed that the young offender had lured the girl to the plantation. The other three arrived at the location later.

The young offender then raped the girl, followed by the three men. The young offender then raped the victim a second time.

Deputy public prosecutor Fuad Aziz prosecuted while lawyer Ghazali Ismail represented the appellants. - FMT