PUTRAJAYA: A man received a stroke of luck when the Court of Appeal today allowed his appeal for the jail sentences imposed on him for incest and for committing unnatural sex with his step-daughter to be served concurrently.
Following a decision by a three-man bench of the Court of Appeal, headed by Justice Datuk Wira Mohtarudin Baki, the man, now aged 49, would only have to serve 16 years in jail and receive six strokes of the cane.
The man had been sentenced by the Seremban sessions court on March 3, 2017 to 16 years’ jail and four strokes of the cane for incest and nine years’ jail and two stokes of the cane for committing unnatural sex with his step-daughter, to be served consecutively, meaning he would have to be in jail for a total of 25 years.
He pleaded guilty to both charges which were committed at a house Nilai, Negri Sembilan, between October 2016 and February 2017. His step-daughter was 19-years-old at the time.
When handing down the decision, Mohtarudin, sitting with judges Datuk Rhodzariah Bujang and Datuk Mohamad Zabidin Mohd Diah, said the bench unanimoulsy agreed to allow part of the appeal.
“The sentences for the two offences should be served concurrently. With that, the order of the sessions court judge is amended,” he added.
The man had appealed to the Seremban High Court, which upheld the decision of the sessions court.
Earlier, the man, who was unrepresented, submitted that he realised that his actions were against the teachings of his religion and the law.
What happened will be a lesson for me, he added.
Deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir prosecuted.
The same court also upheld a 12-year imprisonment and five strokes of the cane meted out on a man who committed incest with his sister-in-law.
The man had appealed to set side the jail sentence imposed by the Kangar High Court.
“In this case, the appellant did not plead guilty. This shows the appellant does not regret his doings,” said Mohtarudin.
The man, aged 22, had appealed for the Court of Appeal to uphold the two-year good behaviour bond imposed on him by the Kangar sessions court on Dec 15, 2017.
The sessions court had placed him on two-year good behaviour bond after finding him guilty of committing incest with his sister-in-law, then 15, at a house in Simpang Empat, Kangar, Perlis, at 5am on Dec 11, 2015.
The prosecution appealed to the High Court, which then replaced the sentence with 12 years imprisonment and five strokes of the cane. — Bernama
