PUTRAJAYA: A tense atmosphere was felt in the Court of Appeal today after the judge gave an earful to a 42-year-old man who sought to appeal his 42 years' jail sentence for raping his stepdaughter.
A three-member bench appellate court led by Judge Datuk Hadhariah Syed Ismail questioned what kind of father could commit such a heinous crime against his daughter more than 100 times over three years.
"What kind of father rapes his child 105 times? Not even once can we forgive this, let alone 100 times.
"Those who rape their own children are never afraid of the law even after being sent to prison," she said before dismissing the man's appeal.
On Jan 27, 2021, the Klang Sessions Court sentenced the man to 1,050 years in jail and 24 strokes of the rotan after he pleaded guilty to raping his 12-year-old stepdaughter 105 times over a period of two years.
Judge Datin M. Kunasundary ordered the accused to serve 10 years' jail and two strokes of the rotan for each rape charge, with the sentences to run consecutively from the date of his arrest, Jan 20.
However, in March last year, the Klang High Court reduced the sentence to 42 years but maintained the 24 strokes of rotan after allowing the man's appeal.
Judge Datuk Azmi Abdullah said the sentence imposed by the lower court was emotional and clearly excessive, constituting a 'crushing sentence'.
In today's appeal, counsel K A Ramu who appeared for the man pleaded that his client has gained valuable lessons and is eager to reintegrate into society.
However, deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir argued that the 42-year jail term is a reasonable sentence.
"The victim was raped since 2018 and it was not until 202 that she found the courage to escape.
"While the victim's mother went to work, the man committed this heinous act.
"He has time to repent in prison because he is sick," she said.
The accused was charged with committing incest by raping his stepdaughter at a house in Sungai Way, Petaling, Selangor, since Jan 5, 2018 until Feb 24, 2020.
The offence under Section 376B of the Penal Code provides for a jail term of not less than 10 years and not exceeding 30 years, and whipping.
Based on the facts of the case, the victims' biological parents divorced in 2015 and the mother married the accused in November 2016.
During the incidents, only the victim and the accused were in the house and she had never told anyone as the accused had threatened and hit her.
The girl only revealed the incidents after her mother took her and her younger sister to their aunt's house.