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By Dorcas Ting
KUCHING, Oct 21: The Federal Court of Appeal has maintained the death sentence of an Indonesian couple who was charged for murdering their baby boy.
Soha Beta and Herna Molla were charged for burying their newborn boy alive at Lereng Bukit, Miri at about 3.30 pm on Nov 26, 2013.
They were charged under Section 302 of the Penal Code, to be read together with Section 34 of the same Act which carries a mandatory death sentence.
Soha was convicted of the charge and sentenced to death in Miri High Court while Herna was discharged and acquitted of the charge on January 29, 2018.
Soha appealed against the sentence to the Court of Appeal while the prosecution also filed application against the sentence of Herna.
The three-men bench led by Puan Sri Dato’ Zaleha Yusof, Dato’ Rhodzariah Bujang and Datuk Hanipah Farikullah unanimously affirmed the decision of High Court over Soha’s appeal and convicted Herna under Section 302 of the Penal Code.
Soha is the brother-in-law of Herna. They had a consensual affair and conceived the baby boy who Herna gave birth to at Miri General Hospital.
DPP Tengku Intan Suraya Tengku Ismail represented the prosecution while the couple was represented by Counsel Ranbir Singh Sangha. — DayakDaily