Rape: Dad and son lose appeal

Kota Kinabalu: A 60-year-old man and his 39-year-old son, who were each jailed 30 years and ordered two lashes of the cane for raping a girl that was placed under their care failed in their appeal against the sentences.

High Court Judicial Commissioner Datuk Duncan Sikodol on Monday dismissed the appeal of both men and affirmed the sentence imposed on them by the lower court.

On Oct 4, 2019 the men were sentenced to 30 years’ jail and ordered given two lashes of the cane each by the Sessions Court which found them guilty to the charges after a full trial of their cases which were jointly tried. 

The father and son were each found guilty of raping the 12-year-old girl at 4pm in early April, 2017 and at midnight in late March, 2017, respectively at a house in a village at Papar. They were each charged under Section 376(2)(d) of the Penal Code, which carries a jail term of up to 30 years and liability of whipping on conviction.

In Monday’s proceedings, both appellants, who were not represented, requested for their sentenced be reduced in which the father asked the court to consider his age and that both appellants said they wanted to spend the remaining years of their life with their families.

Deputy Public Prosecutor Megat Mahathir Megat Tharih Affendi in urging the court to dismiss their appeal, presented the facts of the case and submitted that the victim’s father entrusted his daughter under their care as he was working in West Malaysia.