PUTRAJAYA, July 8 -- The Court of Appeal here today upheld the 13 years’ jail sentence and six strokes of caning on a soldier who was convicted of raping a friend's wife during a sleep-over at the couple's home four years ago.
A three-member bench led by Justice Datuk Seri Kamaludin Md Said, in a unanimous decision, dismissed Corporal Mohd Zulkarnain Abdul Razak's final appeal against conviction and sentence after finding that his appeal did not have merits.
The bench, which also comprised Court of Appeal judge P. Ravinthran and High Court judge Datuk Wira Ahmad Nasfy Yasin upheld the Ampang Sessions Court and High Court's decisions.
The Ampang Sessions Court, in 2017, found Mohd Zulkarnain guilty of raping the woman, aged 25 then, in a bedroom of her apartment in Ampang, Selangor at 3.30 am on July 12, 2016.
Mohd Zulkarnain, 40, was sentenced by the Sessions Court to 13 years jail and was ordered to be given six strokes of the cane.
Mohd Zulkarnain lost his appeal in the Shah Alam High Court which was dismissed on Feb 13, last year, prompting him to appeal to the Court of Appeal.
According to the facts of the case, the victim was sleeping with her child when Mohd Zulkarnain entered the room and raped her in the dark.
The victim's husband was not at home then.
Mohd Zulkarnain, in his defence, did not deny he spent a night at the victim's house but denied raping the woman.
Lawyer Noor Svetlana Mohd Noor Nordin represented Mohd Zulkarnain while deputy public prosecutor Mohd Zain Ibrahim appeared for the prosecution.
-- BERNAMA
