Appellant thanked his lawyer for his acquittal of four rape convictions by the Court of Appeal in Kuching. – Photo taken from Seehua.com
KUCHING: A 60-year-old man was discharged and acquitted of four rape convictions by the Court of Appeal yesterday.
The judges Datuk Abdul Wahab Patail, Datuk Linton Albert and Datuk Seri Zakaria Sam in their unanimous decision said the conviction on Bunya Jalong from Sibu was not safe.
Bunya was accused of raping a 15-year-old girl sometime in May, June, July and August of 2011 at a hotel in Sibu.
The Sessions Court imposed 15 years’ jail and five whippings for the first charge, and nine years’ jail and two whipping for the other three charges which were ordered to run concurrently.
Bunya appealed to the High Court and had the jail term for the first charge reduced to eight years, the second charge reduced to three years, and the third and fourth charges reduced to two years each.
The number of whipping however remained.
Defence counsel Augustine Liom represented the appellant.
In the same court room, the judges confirmed a nine years’ jail and 10 strokes of whipping on an Indonesian man convicted of raping his countrywoman.
The judges were in agreement that the finding by the trial court was accurate and there was no reason to disturb the decision imposed on Bertus, 32, from Bengkayang, West Kalimantan.
He admitted raping the woman at an unnumbered house in Lorong 17, Kampung Semeba, Jalan Haji Baki here between 10pm and 10.45pm on Jan 19 last year.
He was convicted under Section 376 of the Penal Code.
The appellant was also convicted for causing the death of the victim’s husband during the same incident.
He was sentenced to 16 years in jail after pleading guilty to an amended charge under Section 304(a) of the Penal for committing culpable homicide not amounting to murder.
The original charge came under Section 302 of the Penal Code for murder.
Bertus however did not appeal against his conviction on the culpable homicide.
The deceased, Damok Lumpen, was found dead between 10.30am and 11am. His body was found by a housemate.
Bertus will serve a total of 25 years behind bars as both the jail terms were ordered to run consecutively.