29 years’ jail, 19 lashes for raping six-year-old upheld

KOTA KINABALU: The High Court here upheld a man’s 29 years’ jail plus 19 strokes of the cane for a conviction of raping his six-year-old stepdaughter, two years ago.

Justice Datuk Nurchaya Hj Arshad affirmed the sentence of the 34-year-old appellant, who requested for his sentence be reduced.

The unrepresented accused only said he admitted to committing the offence to which the judge said this was not about it but it was about being found guilty to committing the offence, so she asked what was the appellant’s submission on the sentence.

“How could you vainly rape this small girl? She was only six years old. Your sentence is upheld and appeal is dismissed,” said the judge and the appellant just bowed his head.

The appellant was convicted by the Sessions Court here on February 28 after a full trial and was sentenced to 29 years behind bars and 19 strokes for raping the girl at a house in a village in Ranau, on June 22, 2016.

The offence was framed under Section 376 (2) (e) of the Penal Code which provides for a jail term of up to 30 years and whipping, upon conviction.

The court also ordered the appellant to be placed under police supervision for one year after completing his sentence upon the request by deputy public prosecutor Nartiah F. Mirchelle Sambatan, who applied for it.

Meanwhile, the same court affirmed the 18 years’ imprisonment and 10 strokes of the rattan on a man for a conviction of possessing 37.96 grams of syabu.

Zur Hassan, a father of six, had appealed against his sentence imposed by the lower court on February 26.

The unrepresented appellant said he had regretted what he had done and that he had six kids to support.

However, the judge told him that every offender would regret what they had done and said the accused should, in the first place, have thought about his kids before committing the offence.

The judge also said the appellant was lucky as he was not charged with any offence that provided for a heavier punishment.

Deputy public prosecutor Umar Faiz Abdul Kohar, who acted for the respondent, submitted that the sentence meted out by the lower court was adequate.