KOTA KINABALU: The High Court here yesterday increased the whipping sentences of two rape accused.
In the first case, judge Ravinthran Paramaguru used his revisionary power to alter the original whipping sentence imposed by the Sessions Court on Filipino Rasmin Syailillah, 21, for raping a 20-year-old local woman. He increased it from three to eight strokes.
In his decision, Ravinthran held that he accepted the submissions of the prosecution for the three strokes of the cane to be enhanced as in this case there was an element of confinement and the appellant had used a weapon and threatened the victim.
The court also dismissed Rasmin’s appeal for a reduction of his custodial and whipping sentence on grounds that the said sentence was more than fair to him as the lower court had considered all the mitigating factors before making the decision.
Earlier Rasmin, who was unrepresented, applied for the sentence to be reduced on grounds that he is married with one kid.
Deputy public prosecutor Uma Devi Balasubramaniam however urged the court to exercise its revisionary power to increase the whipping sentence as the appellant had forced the victim to board a van and asked her not to make noise before raping her.
Uma Devi also submitted that the appellant had also threatened to kill the victim if she ran away.
The Sessions Court had on April 24, this year sentenced Rasmin to 17 years’ jail plus three strokes of the cane after finding him guilty of raping the girl at an unnumbered house in Kampung Bantayan, Inanam between 4pm and 6pm on August 30, 2011.
Rasmin was convicted under Section 376 (2) (a) of the Penal Code which provides for a jail term of between five and 30 years and is also liable to whipping on conviction.
The judge also increased the whipping sentence of Filarius Dakosta from two to eight strokes for raping a minor.
Ravinthran in his decision held that the two strokes of the cane imposed by the Sessions Court on the 28-year-old local was not sufficient.
He pointed out that the girl was only 13 years old and was brutally raped by the appellant.
Ravinthran stressed that the whipping sentence should be enhanced to reflect the gravity of the offence and to send out the message that this type of offence will get severe punishment and a lengthy custodial sentence.
However, the court did not disturb the 15 years’ jail sentence imposed by the lower court on the appellant.
Filarius had earlier on withdrawn his appeal against the sentence but deputy public prosecutor Uma Devi Balasubramaniam urged the court to exercise its revisionary power to increase the whipping sentence.
She submitted that the sex was not consensual and the appellant had used force in committing the offence.
The Sessions Court had on April 10, this year sentenced Rasmin to 15 years’ jail and two strokes of the cane after he was found guilty of raping the Filipino girl about 2pm on July 15, 2011 in a bush near a river in Kampung Saga.
The offence under Section 376 (2) (b) of the Penal Code carries a jail term of between five and 30 years and is also liable to whipping upon conviction.
The appellant was unrepresented.