A 76-year-old ex-fisherman who committed incest with his under aged step-daughter six years ago, will spend his twilight years in prison.

A Court of Appeal three-member panel led by Justice Datuk Seri Mohamed Apandi Ali upheld the man's conviction and 18-year jail term imposed by the Kota Baharu Sessions Court.

In dismissing the frail looking man's appeal Justice Apandi said a custodial sentence was the appropriate punishment for the crime committed.

Ordering the sentence to be served effective Jan 21, 2007, which was the date of his arrest, he told the man in Kelantanese dialect "You better stay in prison where your medical needs will be taken care of."

The two other presiding judges were Justices Datuk Linton Albert and Datuk Alizatul Khair Osman Khairuddin.

The Sessions Court, had sentenced him to 18 years jail effective Dec 17, 2009, which was the date of the decision.

The father of 13 children from three marriages committed the offence when the girl was seven years old at an unnumbered house in Tumpat on Jan 19, 2007.

The facts of the case revealed that he had sexual intercourse with the girl while her mother had held her hands and covered her mouth.

The girl confided the matter to her grandmother who then made a police report and sent her to the hospital.

The girl's mother was charged with abetting and sentenced to 18 years in prison by the Sessions Court.
Deputy Public Prosecutor Ahmad Bache earlier submitted that the accused' defence was a mere denial, adding that he had claimed to be impotent but did not adduce medical evidence to support the contention.

The man's lawyer Ahmad Nizam Mohamed argued that there were material contradictions in the girl's evidence and the benefit of the doubt should be given to his client.