KUALA LUMPUR: The Shah Alam High Court upheld the decision of the Putrajaya Sessions Court to impose a 12-year jail sentence against a Pakistani man after he pleaded guilty of raping an 11-year-old girl whose father had been prostituted.
The court also ordered the accused Yousaf Gul, 39, to be whipped five times, rehabilitation counseling during imprisonment, and police supervision for three years after completing the sentence.
Judicial commissioner Roszianayati Ahmad in her judgment said there was no need for the court to disturb the lower court's findings and decisions.
"After examining the Sessions Court's judgment in considering the appellant's sentence, this court found it to be within the scope of the principles of sentencing.
"The lower court considered all factors to arrive at a fair punishment.
"It (punishment) is not excessive," she said in her grounds of judgment dated April 1.
According to the charge, Yousaf was accused of raping the victim in a condominium near Batu 9, Cheras in November 2018.
The offence falls under Section 375(g) of the Penal Code which carries a maximum of 30 years imprisonment and whipping upon conviction.
Roszianayati said the appellant's confession of guilt is accurate and secure.
"I also examined the testimony notes, which clearly indicate that the accused is among those who raped the victim.
"The evidence indicates that the victim was prostituted by her father, who is also a witness in this case.
"The victim identifies the appellant as the person who raped her," she said.