Raping daughter, 13: Man loses his appeal

Kota Kinabalu: A 54-year-old man, who was jailed 20 years and ordered 15 given strokes of the cane for raping his 13-year-old daughter, failed in his appeal against his sentence at the High Court.

Judicial Commissioner Datuk Duncan Sikodol dismissed the man’s appeal and affirmed the sentence imposed on him by the lower court.

The man was on Feb 18, this year, sentenced 20 years’ jail and ordered to be caned 15 times by the Sessions Court after he pleaded guilty to committing the crime at 2am on Dec 5, 2020 in a house at Kudat.

The charge under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years and whipping of not less than 10 times, upon conviction.

The man, who was not represented, appealed for his sentence to be reduced as he was already 54 years old.

Deputy Public Prosecutor Rozana Abdul Hadi urged the court to dismiss the man’s appeal and submitted that the 15 strokes was appropriate as the man had been raping his daughter since she was 10 years old.

The victim lodged a police report a day after the latest incident when she was 13 years old.

Duncan in dismissing the man’s appeal told him that he had repeatedly raped the victim who was his own daughter.

Meanwhile, in the Magistrate’s Court, a 59-year-old man was freed from a charge of giving false information to a civil servant without his defence being called.

Magistrate Stephanie Sherron Abbie discharged and acquitted Mohd Sahril Jaraei of the charge at the end of the prosecution case.

The court ruled that the prosecution failed to prove a prima facie against Sahril.

Sahril, a businessman was accused of giving Syed Abd Rahman Syed Mohsin  information regarding a sub-contract agreement between two companies that has been amended with the intention of making Syed do something that should not be done.

Sahril allegedly committed the offence at 10.56am on July 3, 2018 AT a police station here.

The charge was framed under Section 182 of the Penal Code.

Sahril was represented by counsel Ram Singh, Joan Goh, Kimberly Ye and Flavian Henry.