PUTRAJAYA, Jan 2 (Bernama)  -- The Court of Appeal today upheld the sentence of 17 years jail and eight strokes of the rotan on a former lorry driver for raping his niece four years ago.

The final appeal of the 41-year-old man against his punishment was unanimously turned down by a panel of three judges comprising Datuk Yaacob Md Sam, Datuk Rhodzariah Bujang and Datuk Hadhariah Syed Ismail.

Justice Yaacob, who headed the panel said the court found no merit to amend the sentence meted by the Sessions Court and concurred with by the High Court.

“With this, the appeal of the appellant (uncle) was rejected and the sentence of 17 years jail and eight strokes of the rotan is upheld.

“It must be reminded that the court gives its attention to rape cases involving children which are quite rampant now and the court is sending a clear signal to those who intend to commit such acts that the court would not be lenient with such offences,” he said.





Earlier, the  man who was not represented by a counsel, appealed for his jail sentence to be reduced to 12 or 13 years on the grounds that he had repented his act and wished to return to his family.

“I know my offence is repulsive but when I was in prison I studied religion and had undergone a rehabilitation programme. I want to be with my family as my wife has breast cancer and she has to work to support my old parents as well as our six-year-old daughter who will be going to school,” he said.

However, deputy public prosecutor Zaki Asyraf Zubir argued that the sentence by the Sessions Court  was commensurating with the offence of the appellant.  

“The appellant not only raped his niece but also threatened to kill the victim’s mother if the victim told others of the incident (rape).

“The allegation of the appellant that his wife has breast cancer was not supported by any medical report,” said Zaki who added that the appellant had taken advantage of a responsibility entrusted to him by raping the victim.





On Nov 2, 2016, the Sepang Sessions Court sentenced the man to 17 years in jail and eight strokes of the rotan on a charge of raping the girl who was then 13 years and two months old.

He was accused of raping the victim in a resort room in Sepang at 1.30 pm between Feb 2 and Feb 5 2016 under Section 376 (2) (d) of the Penal Code.

His appeal was rejected by the Shah Alam High Court on Jan 22 2019 with the sentence upheld.


TAG: former lorry driver, rape, niece, reject, appeal