PUTRAJAYA: The Court of Appeal today affirmed a 13-year jail term and six strokes of the cane imposed on a soldier for raping his friend’s wife during a sleepover at the couple’s home.
A three-member bench, chaired by Kamaludin Md Said, ruled that there was no merit in the appeal brought by Corporal Mohd Zulkarnain Abdul Razak, 40.
“After going through the issues in the appeal, written submissions and appeal records, there is no reason to disturb the findings of the lower courts,” said Kamaludin, who sat with P Ravinthran and Ahmad Nasfy Yasin.
On Dec 14, 2017, Ampang Sessions Court judge Syaeera Mohd Said found Zulkarnain guilty of the offence and ordered the jail term to begin on that day.
The High Court had also dismissed Zulkarnain’s appeal last year.
He was charged with raping the woman, aged 25 years and 10 months, in the victim’s bedroom at an apartment in Ampang, Selangor, at 3.30am on July 12, 2016.
The charge, under Section 376 (1) of the Penal Code, provides for imprisonment of up to 20 years and whipping upon conviction
According to the facts of the case, the victim was said to be sleeping with her child when Zulkarnain entered the couple’s bedroom and raped her in the dark.
When she realised that the man was not her husband, she screamed.
It was also revealed that the woman’s husband was not at home at the time of the incident.
Lawyer Noor Svetlana Mohd Noor Nordin appeared for Zulkarnain while DPP Mohd Zain Ibrahim appeared for the prosecution.
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