Ex-army staff loses appeal in rape case

A former army staff lost his final appeal when the Court of Appeal upheld his conviction and sentence of 10 years in jail and five strokes of the cane for raping his former girlfriend.

A three-judge panel consisting of Justices Che Mohd Ruzima Ghazali, Azman Abdullah and Wong Kian Kheong dismissed the 42-year-old man’s appeal on Monday.

Delivering the court’s unanimous decision, Ruzima said both the Sessions Court and High Court had reached concurrent findings and the appellate should not overturn these findings unless they are found to be incorrect.

He said based on the evidence presented, the Sessions Court judge did not err in his decision.

On the sentence, Ruzima said there was no reason to disturb the sentence imposed by the Sessions Court and affirmed by the High Court.

On June 27, 2022, the Taiping Sessions Court found the man guilty of raping the 37-year-old single mother of two daughters in a car at a car park in Taiping, Perak between 6.30pm and 7.30pm on April 1, 2019.

On Dec 18 last year, the High Court also dismissed the man’s appeal against his conviction and sentence, and also the prosecution’s cross-appeal against the sentence.

During the proceedings on Monday, the man was represented by lawyers P Ravee and Anis Sabrina Mokhtar, while Mohamad Arif Aizuddin Masrom appeared for the prosecution.

- Bernama

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