Appeals court upholds jail term, whipping on man charged with raping disabled daughter

PUTRAJAYA: The Court of Appeal today upheld a 25-year jail sentence and 10 strokes of the cane imposed last year on a father for raping his disabled daughter.

This followed a decision by a three-member bench led by Datuk Ahmad Zaidi Ibrahim to dismiss the 38-year-old appellant’s appeal against his conviction and sentence handed down by the Klang Sessions Court in November 2023.

Judge Hakim Ahmad Zaidi, in a unanimous decision, said the offence committed by the appellant was serious, as the victim was not only his biological daughter but also disabled.

“It was not the first time the appellant committed such an act as he did the same thing to the victim’s older sister. As a father, you had taken advantage of your child whom you were supposed to care for and protect.

“The rape crime committed against one’s family members is becoming increasingly rampant, and the sentence imposed by the court is appropriate. We see no merit for this court to disturb the sentence handed down earlier,“ said Ahmad Zaidi, who sat on the panel with Court of Appeal Judge Datuk Azman Abdullah and High Court Judge Datuk Noorin Badaruddin.

Ahmad Zaidi also ordered the man to serve the prison sentence since his Oct 27, 2023 arrest date.

The Klang Sessions Court imposed the sentence on Nov 1 last year after he pleaded guilty to raping his 14-year-old disabled daughter at their home in Sabak Bernam on Oct 11.

The court also ordered him to undergo counselling during his imprisonment and be placed under police supervision for two years after serving his sentence. The Klang High Court upheld the sentence on Jan 31.

Earlier, Deputy Public Prosecutor Aznee Salmie Ahmad argued that the 25-year prison sentence was reasonable and fit the appellant’s crime.

“Although the appellant pleaded guilty and saved time for all parties, the crime is serious and grave. No sentence can restore the dignity and purity of the victim,“ she said, adding that the crime was committed by the victim’s father at home, which should have been a safe place for her.

“Where else can one find safety if such crimes can occur even in their own home? The appellant not only betrayed the trust and responsibility of being a father but also failed to control his desires, causing his daughter to suffer and traumatised by his heartless actions,“ she said, adding that the man also received another 25-year jail sentence and 10 strokes of the cane for raping his 16-year-old daughter.