Kota Kinabalu: A 26-year-old man, who was jailed 12 years and ordered six lashes of the cane for raping an underage girl, failed in his appeal against the sentence.
High Court Judge Leonard David Shim on Thursday dismissed the appeal by Muhammad Hafiz Jeral and affirmed the sentence imposed on him by the lower court. Hafiz was on March 21, 2021 found guilty and convicted by the Sessions Court at the end of his defence to the charge of raping the 12-year-old girl at 10pm on June 10, 2019 at an apartment in Sulaman.
The charge under Section 376 (1) of the Penal Code provides for a jail term of up to 20 years and whipping, on conviction.
Hafiz, who was on bail, was ordered to serve the jail sentence from the date of his conviction but he managed to obtain a stay of execution pending his appeal to the High Court.
On Thursday, the High Court allowed Hafiz’s application for stay of execution of the sentence pending his appeal to the Court of Appeal.
Counsel Muhamad Amirul Amin stood in for counsel Mohd Ari Nadzrah Abd Rahman.
Meanwhile, the case of a Filipino construction worker charged with murdering his wife in the city last year has been transferred to the High Court.
Magistrate Jessica Ombou Kakayun made the order on the case of Nul Sadam Jems following an application by the prosecution. Nul, 32, who holds an IMM13, is accused of committing the crime against Nasfidah Japarah, 22, between 10.40pm and 11.47pm on March 22, 2022 in a rented room, on the third floor, Block J, Segama.
The charge under Section 302 of the Penal Code carries the death penalty, on conviction.
Nul was ordered to be further remanded as the charge against him has no provision for bail.
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