KOTA KINABALU: A local man would have to spend more time in jail after the High Court set aside his two years’ jail sentence imposed by a subordinate court and enhanced it to four years for molesting his 26-year-old-sister-in-law.
Justice Datuk Wong Dak Wah in allowing the prosecution’s appeal against sentence imposed by the Papar Magistrate’s Court, also ordered the 45-year-old respondent to be whipped twice.
In his reserved judgement handed down yesterday, Wong amongst others, held that the subordinate court had erred by not taking into consideration the fact that the respondent had used a weapon and threatened the victim not to tell others about the incident.
Wong stressed that the respondent was under a duty to protect his sister-in-law but had instead molested her.
Due to the incident the victim has suffered mental anguish and psychologically affected for the rest of her life, he said.
The Magistrate’s Court had on February 15, this year sentenced the respondent to two years’ jail after admitting to having molested the woman about 9pm on November 30, 2011 at an unnumbered house in Papar.
He was convicted under Section 354 of the Penal Code which provides for a jail term of up to 10 years, or whipping, or with any two of such punishments.
Deputy public prosecutor (DPP) Raja Zaizul Faridah Raja Zaharuddin conducted the appeal.
Meanwhile in another case, the court will decide on May 25, this year, an appeal by the prosecution against the acquittal of a local man from a cheating charge.
The Magistrate’s Court had acquitted and discharged Karim Adam, 45, after it ruled that the prosecution had failed to establish a prima facie case against him.
Karim had allegedly cheated one Safinah bt Halik by inducing the latter into believing that he was a middleman who could arrange a loan from a bank for her employer.
This had allegedly induced the woman, who is an IMM13 document holder, to hand over RM500 to the respondent at the entrance of Wisma Merdeka about 12.20pm on February 11, this year.
Karim was tried under Section 420 of the Penal Code which provides for a jail term of between one and 10 years, and whipping, and is also liable to a fine upon conviction.