PUTRAJAYA: The Court of Appeal has sentenced a former trainee teacher to six years’ jail after he failed to set aside his conviction for sodomising a male pupil in 2016.
Harman Faiz Hassin, 30, who was freed on a bail of RM22,000, was also ordered to be given two strokes of the rotan.
A three-member bench chaired by Kamaludin Md Said said the sessions court judge had made a correct finding based on evidence.
“After reading the appeal records and hearing submissions, we find the conviction is safe,” Kamaludin said.
Presiding with him were Ahmad Nasfy Yasin and Azizul Azmi Adnan.
However, the bench allowed Harman’s appeal to reduce the 10-year jail term imposed by the High Court when it heard his appeal in 2020. It maintained the two strokes of the rotan imposed by the court.
In 2019, the sessions court had initially sentenced him to 14 years’ jail and ordered him to be whipped six times.
“He was young when the offence was committed and he is also a first offender,” Kamaludin said.
Sodomy carries a jail sentence of up to 20 years and whipping.
The court heard that Harman sodomised the standard six pupil in a hostel room at a teachers’ training institute in Besut, Terengganu, at about 1pm on Sept 17, 2016.
Lawyer Jasbeer Singh Kaura represented Harman while deputy public prosecutor Fauziah Daud prosecuted.