Appeals court upholds 12-year jail sentence of restaurant worker for rape
PUTRAJAYA, Feb 17: The Court of Appeal here today upheld the 12-year jail sentence and two strokes of the cane imposed on a restaurant employee for raping a 15-year-old girl.
Court of Appeal president Justice Tan Sri Md Raus Sharif, who headed a panel of three judges, handed down the decision after dismissing the appeal by Awe Sahardi, 20.
Md Raus, sitting with justices Datuk Tengku Maimun Tuan Mat and Datuk Seri Zakaria Sam, said there was no reason for the court to interfere with the decision of the High Court.
The High Court, had on Sept 20 last year, increased to 12 years, from the three years meted out by the Sessions Court, after allowing the prosecution’s appeal.
The Sessions Court handed out the sentence after Awe pleaded guilty to raping the victim at her house in Kuala Lumpur in February 2014.
He was charged under Section 376(1) of the Penal Code which provides for a jail-term of up to 20 years and whipping.
Earlier, lawyer Anwar Raof, representing Awe, requested the court to uphold the Sessions Court ruling and set aside the decision of the High Court.
However, deputy public prosecutor Samihah Rhazali argued that the act by the accused had caused the victim to give birth to a daughter at the age of 16 years and three months.