THE Court of Appeal today reinstated a 12-year prison term and two strokes of the cane to a former lorry driver for raping his neighbour’s daughter, 13, resulting in the girl becoming pregnant and trying to commit suicide.

A three-judge panel led by Suraya Othman, allowed the 60-year-old man’s appeal against Shah Alam High Court’s decision on February 28, 2020, which sentenced him to 25 years in prison and 10 strokes of the cane.

Suraya – who sat with Justices Ahmad Nasfy Yasin and Mariana Yahya – reinstated the 12-year imprisonment and two strokes of the cane, meted out by Sepang Sessions Court.

Suraya said that the high court judge had misdirected in using the provisions under the Penal Code when increasing the sentence, after allowing the prosecution’s appeal.

Suraya, in her judgment, said that the maximum punishment for the offence of raping a minor under Section 375 (g) of the Penal Code, was 20 years imprisonment, but the high court judge had sentenced the man to 25 years imprisonment.

“Therefore, the court sets aside the sentence of the high court and reinstates the sentence meted out by the Sessions Court, starting from the date of arrest on June 11, 2017,” she said.

The father of six pleaded guilty to the charge of raping a girl, then 13 years and seven months old, at a house in Puchong, Sepang, at 11pm, between mid-March and April 2017, under Section 375 (g) of the Penal Code and punishable under Section 376 (1) of the same law.

Based on the facts of the case, in mid -March 2017, the accused had taken the victim to his house, on the pretext of celebrating his son’s birthday.

The man then raped the victim and then threatened to post pictures of her genitals on Facebook if she was to tell her mother about the incident.

The teen fell pregnant and informed her mother, who lodged a police report. The victim was then referred to a psychiatrist, who suggested that the victim’s foetus be aborted after the victim showed symptoms of depression and attempted suicide.

The results of a DNA test on the foetus found that the accused was the father. – Bernama, October 29, 2021.