Rape convict’s appeal adjourned to Nov 25

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KOTA KINABALU: The High Court here yesterday adjourned to November 25 the hearing of an appeal by an Indonesian man convicted on six counts of attempting to rape his niece.

Justice Chew Soo Ho put off hearing the appeal of the 42-year-old labourer as the appeal record of the case was not ready.

On July 22, the appellant was sentenced by the Sessions Court here to 27 years’ jail plus 24 strokes of the cane for six attempted rapes.

The trial judge had found the appellant guilty of all the charges framed under Section 376 (3) of the Penal Code, read together with Section 511 of the same Code which provides for a 15-year jail term and also liable to whipping upon conviction.

On the first count, he was sentenced to eight years jail and ordered to be given 10 strokes of the cane for attempting to rape the victim at a residential house in Luyang on February 18, 2012.

On the second and third counts, he was sentenced to nine years’ jail each and to be given 10 strokes and four strokes of the rattan respectively, for committing the same offence in September 2012, at the same place.

For the fourth count, he was sentenced to another nine years’ jail for committing the same offence at the same place on September 29, 2012.

The lower court ordered the appellant to serve his jail sentences for his convictionunder the second, third and fourth counts concurrently and consecutively for the first count.

Meanwhile, for his conviction under the fifth and sixth counts for committing the same offence in November, 2012 and on June 24, 2012, respectively, at the same place, he received another 10 years’ jail sentence for each count. Both jail sentences were to run concurrently with the jail terms for the second, third and fourth charges.

He was also ordered to be referred to the Immigration Department after serving his sentences.

Deputy public prosecutor Afzan Abd Kahar appeared for the respondent while the appellant was represented by counsel Ram Singh.

The High Court also set November 20 for re-mention of an appeal by a local man convicted of statutory rape.

Justice Chew fixed the re-mention date of Mohd Shahrizal Ishak, 26, who was found guilty of raping a 14-year-old girl on August 23, 2011 at an unnumbered house at a village in Pitas.

The appellant was jailed 18 years and ordered to be whipped thrice for committing the offence framed under Section 376 (3) of the Penal Code.

The indictment carries a maximum of 20 years’ imprisonment and also liable to whipping upon conviction.

The lower court had also ordered the appellant to be placed under police supervision for one year.

Deputy public prosecutor Luke Ressa Balang acted for the respondent while the appellant was defended by counsel Hj Shukor Abdul Mumin.