PUTRAJAYA: An odd job worker was sent to jail for 13 years after the Court of Appeal today upheld his conviction and sentence for sexually assaulting his 13-year-old daughter five years ago.
A three-man panel of judges, comprising Justices Hadhariah Syed Ismail, Ahmad Zaidi Ibrahim and SM Komathy Suppiah, also ordered the man to be given six strokes of the rotan.
The man, who had been released on RM15,000 bail in one surety, was ordered by the court to begin his jail sentence from today.
In a unanimous decision, the court ruled there were no grounds to overturn the man’s conviction and subsequently rejected his appeal against both his conviction and the sentence meted out by the High Court.
The 42-year-old man was initially acquitted and discharged by the sessions court on April 20, 2021 on the charge of sexually assaulting his daughter at a house in a village in Kampar, Perak, in July 2018.
The charge was framed under Section 14(a) of the Sexual Offences Against Children Act 2017, which is punishable with a jail term not exceeding 20 years and whipping upon conviction.
The prosecution appealed against the decision and, on June 30 last year, the High Court allowed the prosecution’s appeal to set aside the man’s acquittal.
The High Court sentenced him to 10 years in jail and two strokes of the cane. It also imposed an additional sentence of three years in jail and four strokes of the rotan, in accordance with Section 16(1) of the same Act, as he was the father of the victim.
The High Court also ordered him to undergo counselling during the period of imprisonment and to be placed under police supervision for three years after completing his jail sentence.
Lawyer A Srimurugan represented the man while deputy public prosecutors Solehah Noratikah Ismail and P Sarulatha appeared for the prosecution.