KOTA KINABALU: A local man lost in his appeal at the Court of Appeal here yesterday for a conviction of raping his stepdaughter, and two convictions of molesting her.
Justice Dato’ Azahar Mohamed, who sat together with Justices Datuk Linton Albert and Datuk David Wong Dak Wah unanimously affirmed the 15 years’ jail and nine strokes of the cane for the three convictions imposed by the High Court here.
In upholding the High Court’s verdict, the three-man panel held that there was no reason for the court to interfere with the lower court’s decision.
For the three charges, the appellant was jailed for five years and ordered to be whipped thrice each by the High Court here after setting aside his earlier jail of four years and two whippings each meted out by the Sessions Court here.
On the first count, the appellant had raped the victim at a house in a village in Keningau in January 2011.
He was convicted under Section 376 (3) of the Penal Code which carries a maximum jail of 20 years and also liable to a fine, upon conviction.
In the second and third charges, the appellant had molested her at the same house in the same village in July and October, 2011, respectively.
The charges were framed under Section 354 of the Penal Code which provides for a maximum 10 years’ jail and whipping, upon conviction.
Deputy public prosecutor Kwan Li Sa appeared for the respondent while the appellant was undefended.