The law states that a rapist can only receive a maximum 24 strokes of the rotan when convicted at one trial of any two or more distinct offences, says Ramkarpal Singh.
PETALING JAYA: A Sessions Court judge was wrong when she ordered a man to be whipped 110 times for 12 counts of sexually abusing his 16-year-old daughter, said a lawyer, adding it is not provided for in the law.
Ramkarpal Singh said Section 288 of the Criminal Procedure Code (CPC) only allowed the court to impose a maximum 24 strokes of the rotan to an adult offender.
“The judge has misapplied the law in calling for the accused to be caned 110 times,” he told FMT.
He said Section 288(5) of the CPC states that 24 strokes of rotan could be ordered to an adult and 10 strokes to a youthful offender when convicted at one trial of any two or more distinct offences.
Ramkarpal, who is also Bukit Gelugor MP, said this in response to the case of a 38-year-old man who was sentenced to a total of 232 years in jail and ordered to be whipped 110 times by the Sessions Court on Dec 30 for raping and performing oral sex on his daughter.
Judge M Kunasundari handed down the sentence after the man pleaded guilty to 11 counts of rape and one for committing oral sex, at a premises in Lorong Haji Taib in Kuala Lumpur between August and September last year.
However, the man will only serve a total of 80 years in jail as some of the sentences were ordered to be served concurrently.
Those convicted of rape could be imprisoned for up to 30 years and whipped a maximum of 10 times .
For the oral sex offence, it is a jail term of up to 20 years and whipping, although the number of strokes is not specified.
Kunasundari, when handing down the sentences, said the offences committed were serious and heinous.
Ramkarpal said the accused could either appeal against the sentence or a High Court judge could call up the case by way of revision.