High Court reduces jail, rotan sentence for man convicted of raping minor
KUANTAN: A 23-year-old man convicted of two counts of raping a minor will serve one year in prison instead of the original 10-year sentence imposed by the Sessions Court.
A 23-year-old man convicted of raping a minor will serve a reduced sentence of one year in prison and two strokes of the rotan, following a decision by the Kuantan High Court. The original sentence of 10 years and six strokes had been imposed by the Sessions Court. Judicial Commissioner Samry Masri stated that the Sessions Court failed to give adequate consideration to the accused's young age, first-offender status, and potential for rehabilitation.
The accused, who was 19 at the time of the alleged offences on October 8 and 29, 2022, worked in a residential school's dining hall where the complainant was a student. Samry upheld the convictions, emphasizing that consent was irrelevant under Section 375(g) of the Penal Code due to the complainant's age. However, the court also took into account the accused's individual circumstances, including his young age, first-time offender status, and lack of evidence to suggest he posed a continuing predatory risk.
The court upheld orders for rehabilitative counselling and two years of police supervision. The sentence for the first charge was reduced from five years and three strokes to six months and one stroke, while the second charge was reduced from five years and three strokes to one year and one stroke. Both prison sentences will be served concurrently.
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