KOTA KINABALU: The High Court here on Monday affirmed the jail and whipping sentences of a man and his son for their convictions of raping a 12-year-old girl four years ago.
Judicial Commissioner Datuk Duncan Sikodol upheld the maximum 30 years’ imprisonment plus two strokes of the cane each for the father and son, who appealed to have the sentences be varied.
In their appeals, both of them prayed for the jail terms imposed by the lower court be reduced and urged the court to take into consideration their age, which are 60 and 36 respectively, as they wanted to be given a second opportunity to spend their time with their family.
In reply, the prosecution argued that even though 30 years’ jail had crushing effect on both the appellants but the prosecution also urged the court to strike a balance between the seriousness of this offence and the interest of the victim.
The prosecution submitted that there was no reason for not giving heavier punishment for such offence.
Apart from that, the prosecution also told the court that according to the facts of the case, the victim’s father worked in Peninsular Malaysia and sent his daughter to the appellant’s house for her to be taken care of.
On October 4, 2019, both the appellants received the maximum jail term of 30 years and ordered to be whipped twice by the lower court after finding them guilty of raping the girl at an unnumbered house in Papar in 2017.
The two appellants were separately charged but jointly tried under Section 376 (2) (d) of the Penal Code which provides for a jail term of up to 30 years and whipping, upon conviction.
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