KUCHING: A labourer’s appeal against his conviction and sentence for raping a then 14-year-old girl and committing sexual assault against her was dismissed by the appellate court here today (July 13), ruling that the 16-year prison term and five strokes of the rotan are proportionate to the gravity of his offences.
A three-panel bench comprising Datuk Dr Alwi Abdul Wahab, Datuk Ahmad Kamal Md Shahid, and Muniandy Kannyapan ruled that the appeal lacked merit, upholding the High Court’s decision that the sentences should run consecutively.
The accused, Bolhasan Hashim, 38 years old, was originally sentenced to 22 years’ imprisonment and five strokes of the rotan by the Sessions Court on Feb 29, 2024 after he was found guilty of raping the teenager at a building in Petra Jaya in 2022.
However, the High Court, presided over by Datuk Faridz Gohim Abdullah on Feb 19, 2025 reduced the sentence to 16 years’ imprisonment while maintaining five strokes of the rotan.
According to the facts of the case, the accused was charged under Section 376(1) of the Penal Code for the first and second charges, which carry a maximum penalty of up to 20 years’ imprisonment and whipping.
He committed the offences at a park in front of a building in Petra Jaya around noon and 5 pm on Nov 10, 2022.
For the third charge, he was charged under Section 14(b) of the Sexual Offences Against Children Act 2017 for committing sexual assault towards the victim at a house in Kampung Wawasan Jaya here around 10 pm on the same day.
The offence carries a penalty of up to 20 years’ imprisonment and a fine.
The victim only came forward after she was admitted to a hospital for abdominal pain and confessed to a doctor that she had been raped.
Her sister subsequently lodged a police report, leading to the accused’s arrest on Dec 8, 2022, at a village.
Medical examination confirmed there were tears in the victim’s private part caused by penetration of a blunt object.
A total of seven witnesses were called throughout the trial, including a doctor, the victim, and three police officers.
Deputy Public Prosecutor Mohammad Fauzan Zamri had earlier urged the court to impose a commensurate sentence, citing the seriousness of the offences, public interest, and the trauma suffered by the victim.
The case was prosecuted by deputy public prosecutor Atiqah Abdul Karim @ Husaini, while the accused was represented by assigned counsel Simon Siah.
