Court upholds 16 years jail on labourer for rape

The Court of Appeal here Friday upheld the conviction and jail sentence of 16 years and 10 strokes of the rotan on a labourer for raping his underaged sister-in-law at a rubber estate in 2008.

A three-member panel led by Federal Court judge Datuk Jeffrey Tan Kok Wha unanimously dismissed the 34-year-old man's appeal against conviction and jail and whipping sentences.

Tan said, after scrutinising the victim's evidence, the court was convinced that there was a clear evidence of penetration.

He said the court was not shown any reason on why it should disturb the findings of the sessions court and as such, the court could not find any reason to disturb the court's findings.

In dismissing the man's appeal on sentence, he said the jail sentence and whipping meted out by the sessions court was not excessive.

"We cannot stand in the shoes of a sentencing court. So long the sentence is not excessive, it is not the function of the appellate court to disturb the sentence meted out by the lower court," added Tan who presided on the panel with Court of Appeal judges Datuk Mohtarudin Baki and Datuk Mah Weng Kwai.