Kota Kinabalu: A 38-year-old army personnel failed in his appeal against his conviction and sentence of 23 years jail and 15 lashes of the cane for raping his teenaged daughter four years ago.
High Court Judge Leonard David Shim in delivering his decision on the appeal on Thursday dismissed the man’s appeal.
Leonard held that the appeal was without merit and affirmed the decision of the Sessions Court Judge.
The appellant was on Sept 27, 2021 found guilty by the Sessions Court here after a full trial of the charge.
He was sentenced to 23 years’ jail and ordered to be caned 15 times for raping his 13-year-old daughter at 9am on April 7, 2018 at a house in Lok Kawi, near here.
He was charged under Section 376(3) of the Penal Code which carries a jail term of between eight years and 30 years and whipping of not less than 10 times.
The man was also ordered by the Sessions Court to be placed under police supervision for two years after completing his jail term.
The appellant was represented by counsel Datuk Seri Rakhbir Singh while Deputy Public Prosecutor (DPP) Mohammad Ali Imran appeared for the prosecution as the respondent.
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