For having sex with daughter, man gets 18 years’ jail, 6 strokes of the rotan
V Anbalagan
-January 3, 2019 5:16 PM
FMT
(Reuters pic)PUTRAJAYA: A labourer who pleaded guilty to committing incest with his 12-year-old daughter will spend 18 years in jail and be given six strokes of the rotan.
A three-member bench of the Court of Appeal, chaired by Mohtarudin Baki, said they would maintain the sentence of the High Court as there was no merit in the appeal.
Also on the panel were Rhodzariah Bujang and Mohamad Zabidin Mohd Diah.
“The High Court ruling is upheld on public interest grounds and due to the current trend of punishing sexual offenders,” Mohtarudin said in dismissing the man’s appeal against the sentence.
The 37-year-old man, who was unrepresented, expressed remorse and urged the court to reduce his jail term so that he could be freed and return to support his family.
He committed the offence at a house in Bandar Utama, Batang Kali in Selangor about 12.30am on June 18, 2016.
The offence under Section 376(B) (1) of the Penal Code was for committing incest.
The Sessions Court on Feb 17, 2017, sentenced him to 10 years’ jail and three strokes of the rotan after he pleaded guilty to the offence.
The High Court last year enhanced the jail term to 18 years and increased the whipping to six following an appeal by the prosecution.
Deputy Public Prosecutor Nik Shahril Nik Abdul Rahman said sexual offences such as statutory rape and incest carried a jail term of between 10 and 30 years.
The court can also order an offender to be whipped up to 24 times as provided under the Criminal Procedure Code.
He said the High Court was correct to increase jail term and whipping as the sentence meted out by the Sessions Court was “manifestly inadequate.”
Nik Shahril said the sentencing trend for such cases was 18 years and the appellant was not entitled to get a discount even if he had pleaded guilty.
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