High Court affirms 12-year and six-stroke sentences on three gang rapists

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KOTA KINABALU: The High Court yesterday upheld the jail sentences of 12 years and six strokes of the cane each imposed on three local men for gang rape.

Judicial Commissioner Lee Heng Cheong dismissed an appeal by Asman Apin, 28, against his conviction and sentence.

In his decision, Lee held that there was no error made by the lower court in finding Asman guilty of the offence.

Likewise, he also dismissed the prosecution’s cross-appeal to enhance the jail term imposed by the Sessions Court on Asman and Kamaluddin Kassim, 28, and Julhijam Lokneh, 22.

In dismissing deputy public prosecutor Afzan Abd Kahar’s appeal against sentence, Lee held that the lower court had not made any error in imposing the sentence on the trio and held that the sentences imposed were not inadequate.

The Sessions Court had on June 24, 2011 imposed the sentences on Asman, Kamaluddin and Julhijam after finding them guilty of raping a girl, who was then 19 years old, along the shore of Menumpang in Kuala Penyu between January 1 about 11pm and January 2, 2009 about 2.30am.

They were convicted under Section 376 (2) (c) of the Penal Code which carries a jail term of between five and 30 years, and whipping, on conviction.

Asman was represented by counsel Hamid Ismail while Kamaluddin and Julhijam were unrepresented.

In another case, Lee also dismissed the prosecution’s appeal against the acquittal of a lorry driver from a charge of raping his own daughter.

Lee, among others, held that the subordinate court had not made any error in its finding of facts and law.

The Sessions Court had on April 4, 2011, acquitted and discharged the 48-year-old lorry driver at the end of the defence’s case after ruling that the prosecution had failed to prove its case beyond reasonable doubt.

The respondent was alleged to have committed the offence at an unnumbered house in a village in Tambunan about 9pm on March 10, 2008.

Counsel George Alludah represented the respondent while Afzan appeared for the appellant.