Court dismisses Filipino's appeal for sexually abusing stepdaughter
KOTA KINABALU 9/11/2012: A Filipino failed in his bid to have his sentence of 18 years’ jail plus six strokes of the cane for sexually abusing his stepdaughter to be run concurrently with two other convictions involving the same victim.
High Court Judge Ravinthran N. Paramaguru dismissed the 34-year-old man’s appeal after hearing his submission and rebuttal fromDPP Uma Devi Balasubramaniam.
However, Ravinthran ordered the sentences to run from the date of conviction on July 4, this year.
The man was convicted for inserting an object into the 14 year-old girl’s private part at a riverbank at a village in Inanam on March 23, this year at about 9.30am.
The offence framed under Section 377CA of the Penal Code which carries a jail term of up to 20 years and is also liable to whipping, on conviction.
The jail term was ordered to run consecutively with the sentence imposed by another Sessions Court for raping and attempting to murder his stepdaughter.
On May 29, the accused was sentenced to a total of 23 years’ imprisonment and ordered to be whipped 10 times by the Sessions Court for the two crimes.
For the rape, the accused received 13 years’ jail and 10 strokes of the cane while for attempted murder by attacking the girl with an oil palm frond, he received another 10 years.
On Oct 9, the High Court enhanced the punishment for rape to 20 years’ imprisonment plus 15 strokes of the cane while the murder attempt conviction was enhanced to 13 years’ jail.
In an unrelated case, the High Court dismissed a 35-year-old man’s appeal against his sentence of 11 years plus two stokes of the cane for housebreaking.
In dismissing the appeal, the court among others held that Naan Dani did not learn a lesson as he committed a similar crime before.
On April 24, Naan was found guilty by the lower court for breaking into a house of 52-year-old woman at Austral Park on Jan 4 at about 9.45pm.
He committed the offence with three other still at large and stoleRM100.
DPP Ahmad Nazneen Zulkifli prosecuted.
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