KUALA LUMPUR: A man's three year jail sentence was upheld after he was found guilty of three charges, including one of raping his female schoolmate, seven years ago.
The accused and the victim were both 15 at that time.
The Court of Appeal's three judge bench chaired by Justice Datuk Hadhariah Syed Ismail, who sat with Justices Datuk Azman Abdullah and Datuk Azmi Ariffin, made their unanimous decision.
"On the conviction, we (bench) found that there was evidence that supported the finding of wrongdoing by the High Court.
"On the sentencing, we found there is no reason for us to disturb the ruling of the High Court.
"Therefore, the appeal of the accused on his conviction and sentence is dismissed.
"The finding of wrongdoing and the order of imprisonment by the High Court is upheld," said Justice Azmi in the grounds of judgement dated April 19 uploaded in the judiciary's website.
The charge read that the man had raped and used criminal intimidation against the girl at an apartment unit in Ampang at 3pm on July 19,2017.
Azmi said the appellant had stated he was not at the time and place of the incident but no notice of alibi was given.
"The appellant did not inform SP8 (the eighth prosecution witness and investigating officer Inspector Queraysiah Mohamad Ishak) where he was at that time.
"The appellant had just said he was at his sister's house at 2.30pm on that day when he was questioned by the prosecution.
"Therefore, it is already very clear that the evidence of this appellant is a lie, plain denial and an afterthought which did not raise reasonable doubt in the prosecution's case," he said.