KUCHING: The High Court here yesterday dismissed the prosecutor’s appeal against the inadequacy of sentence on a youth convicted of statutory rape after considering the age of the accused and consent involved.
Presiding Judge Dato Yew Jen Kie, in passing the decision, affirmed the seven-year jail sentence imposed by a lower court on accused Syed Nuqman Yaa’kub Wan Othman, 21.
No whipping was imposed when the respondent was sentenced by Sessions Court Judge Amelati Parnell on Feb 23 this year, while the custodial sentence was to run from the date of his remand on Feb 18.
Nuqman had admitted to having sexual intercourse with a 15-year-old girl at a house in Matang between April and May two years ago.
Lawyer Abdul Rahman Mohd Hazmi who represented the accused said the judge had considered the age of the accused as well as consent involved in the incident.
The respondent was convicted under Section 376 of the Penal Code for statutory rape.
The girl later gave birth to a boy.
In another High Court case, another man convicted of statutory rape had his custodial sentence increased from seven to 10 years, while the three lashes were maintained.
Henry Kumbong who was found guilty of committing the offence on a 15-year-old girl last year had to serve a longer sentence after the prosecutor’s appeal against the decision was allowed.
Henry had admitted to raping the girl in a village at Mile 14 Jalan Puncak Borneo here some time in May last year.
He was convicted under Section 376 if the Penal Code.