Appeals Court reinstates eight years' jail term on man for sexual assault on child

This followed a unanimous decision by a three-member panel led by Justice Datuk Hanipah Farikullah today to overturn a High Court's decision which acquitted and discharged Adam Hassan from the offence.

The panel allowed the prosecution's appeal to reinstate the Sessions Court's decision which convicted Adam on the charge and sentenced him to eight years' jail and ordered that he be given five strokes of the cane.

Justice Hanipah, who sat with Datuk Wira Ahmad Nasfy Yasin and Datuk Nordin Hassan, said looking at the evidence, the defence failed to raise a reasonable doubt on the prosecution's case.

Adam, 30, was charged with committing the offence on the girl who was then aged three years and eight months in an apartment in Bayan Lepas, Penang at 6.30 pm on Oct 11, 2017.

He was charged under Section 14(a) of the Sexual Offences Against Children Act 2017, which provides for a jail sentence of up to 20 years and whipping, if convicted.

On Oct 23, 2019, the Sessions Court found him guilty and sentenced him to eight years in jail and five strokes of the cane.

The High Court, had on Oct 23, 2020 allowed Adam's appeal and acquitted and discharged him, prompting the prosecution to appeal to the Court of Appeal.

Deputy public prosecutor, Aida Khairuleen Azli appeared for the prosecution while Adam was represented by lawyers, Md Yusuf Md Idris and Bun Liang a/k Sau Ah Seng.