
He was also ordered to be whipped 15 times.
A three-member Court of Appeal bench chaired by Abdul Karim Abdul Jalil allowed the prosecution’s appeal for the jail terms – of 18 years and six years – for two offences to run consecutively.
Karim, who sat with Vazeer Alam Mydin Meera and Lim Eng Cheong, said there was no merit in the appeal as there was overwhelming evidence that the former soldier committed the crimes.
“The sessions court and the High Court did not err in law and facts that warrant appellate intervention,” he said.
However, he said the bench allowed the prosecution’s appeal that the rape and sodomy sentence run consecutively as the offences were different and separate.
The 45-year-old man began his sentence from today as he was on RM12,000 bail pending the outcome of today’s appeal.
He raped and sodomised the victim, who was 17 years old, at a house in the Johor Bahru district on March 15, 2016.
The sessions court sentenced him to 18 years jail and ordered him to be whipped 10 times for rape while for sodomy, he was sentenced to six years jail and ordered to be flogged five times.
The trial court had ordered the sentences to run concurrently, meaning the accused would serve 18 years in jail.
The High Court had also affirmed the conviction and sentence.
Deputy public prosecutor Ng Siew Wee prosecuted while Noordin Hussin represented the accused.