A three-member bench comprising Justice Datuk Vazeer Alam Mydin Meera, Datuk Azmi Ariffin and High Court Judge Datuk Noordin Badaruddin, in dismissing the 45-year-old man's appeal for a reduction of his jail sentence, however, allowed his appeal for the 20 whipping sentence imposed on him by the Session Court to 10 strokes.
Justice Vazeer said the 25-year jail term imposed on the man for each charge was not manifestly excessive, taking into account the relationship between him (appellant) and the victim, who is his biological child.
He said the victim should be taken care of by the father and not be subjected to rape.
On Aug 19, 2022, the Sessions Court found the man guilty of two charges of committing incest with the girl at a house in Klang district, Selangor, on April 8, 2019, and April 16, 2019, respectively, and sentenced him to 25 years jail and 10 strokes of the rotan for each charge. He was ordered to serve the jail sentences consecutively.
The man appealed, but it was dismissed by the High Court on March 6 last year.
Meanwhile, the same panel also affirmed the 15 years jail sentence and one stroke of the cane imposed on a farmer for raping his daughter after ruling that the jail sentence was not manifestly excessive.
Justice Vazeer, in delivering the court's decision, said the victim was still the man's biological daughter although she was born out of wedlock.
On April 14, 2022, the 51-year-old man was sentenced to 15 years in jail and one stroke of the cane by the Sessions Court after he pleaded guilty to raping the girl in a room of a house in Pasir Puteh, Kelantan on March 24, 2022.
Unhappy with the jail sentence, he appealed to the High Court but it was dismissed on Feb 9 last year.
-- BERNAMA
