Appeal application by man who raped, impregnated cousin dismissed by High Court

The appellant waiting outside the courtroom.

By Dorcas Ting

KUCHING, Aug 27: The High Court here dismissed the appeal application by a man who was found guilty of raping his cousin with a mental disability, who then gave birth to a boy due to the appellant’s act.

The 31-year-old was accused of raping his 24-year-old cousin at Melikin Oil Palm Plantation, Sungai Keroh Serian, between June 2018 to February 2019.

He was convicted under Section 376(2)(k) of the Penal Code and was sentenced to imprisonment of 12 years and 5 strokes of whipping by Sessions Court Judge Afidah Abdul Rahman on September 5, 2019.

He appealed to the High Court to reduce his sentence. During his appeal’s second mention on February 5, 2020, he informed that court that the victim was actually his lover and both of them were living together. He had been taking care of the victim and the baby the victim had given birth to.

Police officers investigations found that the victim’s parents refused to corroborate the appellant’s version of the event and they did not agree for the appellant to marry the victim.

High Court Judge Alexander Siew How Wai dismissed the appeal by the appellant as the Court found no grounds to interfere with the sentence of the lower court.

DPP Hayda Faridzal Abu Hasan appeared for the prosecution while the appellant was represented by assignment counsel Simon Siah. —DayakDaily