By V. Anbalagan
2008/06/20 NSTonline
PUTRAJAYA: He used a condom every time he raped his daughter. For that precaution, the rapist said he should get a lighter sentence.
This mitigation riled Court of Appeal judges Tengku Baharudin Shah Tengku Mahmud, Datuk Sulong Matjeraie, Datuk Ahmad Maarop and those in the court gallery.
His counsel S.I. Rajah mitigated that the sentence imposed on the accused was excessive.
"Justice should be tempered with mercy.
"The accused used a condom every time he committed the offence," the lawyer said.
"You mean it is okay to rape using a condom?" asked Tengku Baharudin.
Rajah had no reply.
The roti canai seller, now 49, appealed against sentence because he was a first offender and was remorseful for his action.
Four years ago, the Sessions Court in Petaling Jaya sentenced the accused to a total of 36 years in jail and 20 strokes of the rotan on four counts of rape.
Sulong, who delivered the court ruling, said the appellate court found no reason to disturb the sentence of the Sessions Court.
He said the sentence was appropriate to send a strong message that such an act should not be condoned and to protect society.
According to the facts of the case, the roti canai seller raped the girl between May 2003 and August 2004.
The offences took place at their home at night when the mother had gone to work.
The victim was then between 11 and 12 years old.
Deputy public prosecutor Aslina Joned told the court that the accused, a father of five, had betrayed the trust of his daughter.
Aslina said the father would give the victim RM5 as a reward every time he raped her.
A class teacher noticed her to be in a state of depression and the girl told her what had happened.
Police arrested the man on Aug 12, 2004, and he pleaded guilty to the charges in the Sessions Court a week later.
On the first three counts, the then Sessions Court judge Nurmala Salim sentenced him to 18 years' jail and five strokes of the rotan for each offence. The sentences to run concurrently.
He was sentenced to a further 18 years' jail and five strokes of the rotan for the fourth count.
Nurmala ordered this sentence to run consecutively.
[Speechless!]
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