Rapist’s appeal against conviction, sentence dismissed
Posted on January 27, 2012, Friday
KOTA KINABALU: The High Court affirmed the conviction and two years’ jail sentence imposed on a local man for raping his underage girlfriend.
Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum yesterday dismissed Mohd Hairi Kassim’s appeal against the Sessions Court’s decision of convicting him and imposing upon him the custodial sentence.
The 25-year-old appellant was ordered to serve the jail term yesterday after his application for a stay of the execution pending appeal against the decision to the Court of Appeal was dismissed.
In dismissing Mohd Hairi’s appeal against conviction and sentence, Malanjum held that there was no reason for him to disturb the lower court’s decision.
Malanjum also dismissed the prosecution’s cross appeal to enhance the custodial sentence holding that the sentence imposed by the lower court was reasonable.
The Sessions Court had on May 4, 2011 imposed the jail term on the appellant after finding the latter guilty of raping the girl, who was 14 years and 11 months old then.
The appellant committed the offence at an unnumbered house in Kampung Nelayan, Sipitang at about 9pm on July 19, 2009.
He was tried under Section 376 (1) of the Penal Code which carries a jail term of up to 20 years and also liable to whipping, on conviction.
The appellant was represented by counsel Muamar Zulkarnain while deputy public prosecutor Uma Dewi Balasubramaniam appeared for the respondent.
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