Man jailed 19 years for raping, sexually assaulting underaged sister
PUTRAJAYA : The Court of Appeal today ordered a man to serve 19 years in jail for raping and sexually assaulting his underaged sister six years ago.
A three-member bench chaired by Justice Hashim Hamzah also ordered the 24-year-old to be whipped 19 times, and for the prison sentences for rape and sexual assault to run consecutively.
'The High Court had erred in reducing the jail term for rape and we restore the punishment imposed by the sessions court,' Hashim said in allowing the prosecution's appeal on sentence.
Justice Zaini Mazlan and Noorin Badaruddin also heard the appeal.
The man had been found guilty of raping his sister between 2018 and 2019, when she was 11 to 12 years old, and sexually assaulting her in 2021 when she was 14.
The offences were said to have been committed at a house in Kuala Lumpur.
The accused was charged with the offences in 2021 when he was 20. His sister had narrated the incidents after she went to live with her aunt following her parents' divorce.
Deputy public prosecutor Tengku Shahrizam Tuan Lah told the bench today the High Court sentenced the accused to five years' jail under Section 83(3) of the Child Act on the rape charges on grounds that he was a child when the offences were committed.
The sessions court had imposed a 10-year jail term and 12 strokes of the rotan on the rape charges, but the High Court subsequently halved the prison sentence to five years.
The court, however, maintained the nine-year jail term and seven strokes of the rotan imposed by the sessions court on the sexual assault charge.
The High Court also ordered the accused to serve his prison sentences concurrently, effectively reducing the total prison term to nine years.
The Court of Appeal reinstated the 10-year jail term on the rape charges, affirmed the nine-year sentence for sexual assault, and a total of 19 strokes of the rotan, and ordered for the accused to serve his prison sentences consecutively.
Lawyer Khor Boon How had urged the bench to affirm the High Court ruling, as his client had pleaded guilty to the charges.
'The High Court was correct to rely on the Child Act to reduce the term from 10 to five years for rape,' he said.
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