Appeals court upholds 13-year jail sentence on man for raping underage niece

PUTRAJAYA: The Court of Appeal today upheld the 13-year jail sentence and five strokes of caning imposed on a mechanic for raping his underage niece in 2019.

A three-judge panel comprising Justices Azman Abdullah, Hayatul Akmal Abdul Aziz and K Muniandy dismissed the 42-year-old’s final appeal against his conviction and sentence.

The court also upheld the sessions court’s order for the appellant to undergo counselling while in prison and be placed under police supervision for two years after completing his prison term.

However, it set aside the sessions court’s decision which ordered him to pay compensation of RM7,000 to the victim under Sections 426 (1) (b) and 426 (2) of the Criminal Procedure Code.

The accused, who previously obtained a stay of execution on his sentence and was released on bail pending disposal of his appeal, will begin serving his jail term from today.

In delivering the court’s unanimous decision, Muniandy said the trial judge did not commit any error in assessing the credibility of the victim, who gave consistent, detailed and unchallenged testimony, including her ability to identify the perpetrator.

He said the victim’s delay in lodging a police report, which was due to threats, fear, and emotional trauma she experienced, had been explained.

Muniandy said the sessions court correctly rejected the appellant’s defence of complete denial and that his alibi – that he was at a motorcycle workshop – was a fabrication and an afterthought that had not been disclosed to the investigating officer when his statement was first recorded.

“The sentence of 13 years’ imprisonment, five strokes of the cane, the counselling order, and police supervision is lawful, appropriate and sufficient to reflect the seriousness of the sexual offence against a child,” he said.

On Dec 18, 2024, the sessions court found the man guilty of raping the girl, who was then 14 years and seven months old, at a house in Hulu Langat, Selangor at 9am on Sept 26, 2019.

The court sentenced him to 13 years in jail and ordered that he be given five strokes of the cane.

The accused was also ordered to undergo counselling while in prison and be placed under police supervision for two years after completing his prison term and to also pay compensation to the victim.

On Oct 30 last year, the High Court upheld the sessions court’s decision, leading to the man submitting an appeal to the Court of Appeal.

At the Court of Appeal today, lawyers Ahmad Ishrakh Saad and Kelvinder Singh represented the accused,  while deputy public prosecutor Ahmad Nazneen Zulkifli appeared for the prosecution.