PUTRAJAYA: A car mechanic who raped an underaged girl on two occassions, seven years ago, begins serving a 12-year jail sentence after the Appeals Court here yesterday dismissed his final appeal.
Effandi Mashor, 35, will also receive 12 strokes of the rotan.
A three-man panel led by Datuk Abdul Malik Ishak unanimously upheld the decision of the Alor Setar Sessions Court which had sentenced Effandi to a 12-year jail term and six strokes of rotan for each charge.
The jail terms were ordered to run concurrently.
Abdul Malik, who presided on the panel with justices Datuk Azahar Mohamed and Datuk Balia Yusof Wahi, ordered Effandi to serve his sentence from today.
On April 20, last year, Effandi was found guilty by the Sessions Court on two counts of raping the girl, then aged 13 years and 11 months, at a mango orchard in Langkawi at 11.30am on June 22, 2005.
He also raped her at his work place in a motor workshop, also in Langkawi, at 4.30pm, the following day, and was ordered to serve the sentences concurrently.
On Nov 16, last year, the Alor Setar High Court dismissed his appeal against his conviction and jail term.
Effandi, however, was freed on RM10,000 bail in one surety at the Sessions Court, and RM15,000 bail in one surety at the High Court, pending appeal.
It was disclosed that the girl had subsequently, given birth but the investigating officer did not proceed to conduct a paternity test. There was no record produced when she gave birth.
From the facts of the case, a police report was made by the girl’s father in May 2006, a year after the incident, after the girl’s mother confronted her, upon discovering contraceptive pills in a pocket of her school uniform.
Earlier, G. Ravi Shankar, representing Effandi, urged the court to allow the mechanic’s appeal to set aside his conviction and jail term, for lack of conclusive proof he was responsible for the crime.
He said a paternity test result could have shown whether Effandi had sex with the girl.
Deputy Public Prosecutor Kwan Li Sa submitted that the failure to conduct a paternity test was not fatal to the prosecution’s case as the evidences of a medical doctor, Dr Zainura Che Isa, and the girl’s parents, were sufficient to corroborate her testimony that she was raped.
She said the girl had befriended Effandi through her friend and had been in constant contact for about a year, via mobile telephone.
She said the girl met Effandi for the first time on June 22, 2005 and had sex on the very same day.
Kwan said the duo used to meet up and have sex, at least 10 to 20 times, at several other places. — Bernama