Published: Thursday January 31, 2013 MYT 5:24:00 PM
Updated: Thursday January 31, 2013 MYT 6:42:16 PM
Court upholds former soldier's jail, whipping sentence for rape
By MAIZATUL NAZLINA
KUALA LUMPUR: A High Court here has upheld the jail and whipping sentences meted out by a Sessions Court against a former soldier who was charged with raping a clerk two years ago.
High Court judge Justice Amelia Tee Hong Geok Abdullah dismissed the appellant Che Mohd Sufian @ Che Bastian Che Rashid's appeal and upheld the sentences on grounds that there was no merit in any of the mitigation factors.
Justice Amelia said that losing his job completely was due to his own doing and could not be taken as a mitigating factor, added that being a first-time offender did not carry much weight.
"I find that the Sessions judge was not in error in finding the appellant guilty.
"The court agrees that the 20 years' imprisonment and seven strokes of the whipping is befitting,” she said Thursday.
On Dec 13, 2011, Sessions Court Judge Emelia Kaswati Mohamad Khalid sentenced Che Mohd Sufian to 20 years' jail after he was found guilty to the charge of raping a 30-year-old clerk.
The rape took place at his house between 7.20am and 8.30am on Nov 20, 2009.
In his defence, Che Mohd Sufian testified that the clerk agreed to follow to his house and had consented to the intercourse.
According to the statement of facts, the clerk was walking in Jalan Gurney here to her workplace when Che Mohd Sufian rammed her with his car.
The impact had caused her to fall to the ground.
Che Mohd Sufian alighted from his car and offered his assistance to send her to the hospital.
Instead, he brought the clerk back to his house in Keramat Wangsa, Ulu Kelang, and raped her.
In his house, he pressed his victim's face to a mattress, sat on her neck and tied both her hands on her back before raping her.