PUTRAJAYA: The Court of Appeal today affirmed a 10-year jail term and two strokes of the rotan imposed on a former engineer for raping a 12-year-old girl six years ago.
A three-member bench, chaired by Kamaludin Md Said, said there was no omission or error by the trial judge in convicting Mohd Riduan Ismail
The bench also rejected a submission by counsel Kathan Marimuthu that his client was entitled to an acquittal as the prosecution did not produce the girl’s birth certificate during trial.
In Malaysia, statutory rape comes into effect when a man has sexual intercourse with a girl under the age of 16, with or without her consent.
“The production of her identity card would have revealed her age,” said Kamaludin, who sat with Azizah Nawawi and Ahmad Nasfy Yasin.
Deputy public prosecutor Nurul Farhana Khalid said a 2005 Court of Appeal ruling stated that the first six digits in the identity card represented the birth of the person.
“This follows an amendment to paragraph 2A of regulation 5 of the National Registration Regulations 1990,” she told the judges.
Riduan, 33, committed the offence in a car at Pantai Remis, Sitiawan, Perak, about 3am on Nov 6, 2014.
Facts of the case revealed Riduan befriended the girl, then 12 years and 8 months old, through WeChat.
She had confessed to her uncle when questioned for leaving his home for a few days.
The Sessions Court two years ago sentenced Riduan to 15 years jail and 10 strokes of the rotan.
The trial court also ordered Riduan to be placed under police supervision for a year after serving sentence and to undergo counselling for two years while in jail.
However, the High Court last year reduced the jail term to 10 years and whipping to only two times.
The same bench earlier also affirmed a 10-year jail sentence and three strokes of the rotan imposed on religious teacher Mohd Shafie Mustafa for inciting an eight-year-old boy to perform acts of indecency.
The incidents occurred 30 times at a religious school in Batu Buruk, Kuala Terengganu, between May and June in 2016.
Section 377E states any person who incites a child under 14 years of age to any act of gross indecency with him or another person shall be punished with imprisonment for a minimum three years and a maximum 15 years, plus mandatory whipping.
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