KUCHING: The High Court here allowed an appeal by a man to set aside a Sessions Court decision that sentenced him to 15 years’ imprisonment and four strokes of the cane for two counts of statutory rape involving his underage wife, which resulted in pregnancy.
Judge Leonard David Shim delivered the ruling after hearing submissions from both the prosecution and defence.
The 26-year-old appellant was instead ordered to be placed on a five-year good behaviour bond with a surety of RM5,000 (without deposit) and two local sureties.
Defence counsel Moh Ung Kieng, representing the appellant, submitted that the appellant and the 14-year-old victim were married according to Iban customary law and possessed a ‘Surat Penerang Jadi Melaki Bini’ witnessed by the Tuai Rumah in Debak on January 14, 2024.
Following the customary marriage, the appellant and his wife lived together at a longhouse in Debak, Sri Aman, with her parents since January 2024.
On July 1, 2024, the victim was confirmed to be five months pregnant during a medical check-up at a health clinic.
As the victim was a minor and the marriage was not registered with the National Registration Department (NRD), a police report was lodged, leading to the rape charges.
Previously, before the Sessions Court, the appellant pleaded guilty to two charges under Section 376(1) of the Penal Code for raping the victim, which led to pregnancy and childbirth.
He was sentenced to 15 years’ jail and two strokes of the cane for each charge, with both terms ordered to run concurrently from Sept 2, 2024.
The appellant had served one year in Sri Aman Central Prison pending the outcome of his appeal, which was filed on September 13, 2024.
Today, the High Court allowed the appeal, setting aside the custodial sentence and caning, and replaced it with a bond for good behaviour.
Deputy Public Prosecutor Nor Azhari Yusof appeared for the prosecution.
