PUTRAJAYA: A former delivery man failed to have his 18-year jail sentence and 10 strokes of the rotan reduced after he was convicted of raping a girl aged 11 four years ago.
Court of Appeal judge Datuk Azmi Ariffin, who sat with Datuk Ahmad Zaidi Ibrahim and Datuk Azman Abdullah, rejected the appeal of 31-year-old Muhamad Nur Hidayat Md Selliman.
Azmi said the sentence imposed by the Sessions Court and later affirmed by the High Court, was upheld and they had unanimously found no justification to disturb the sentencing order.
"We take note of news reports on sexual crimes against children which are increasingly worrying and very frequently reported in social media in recent years.
"Therefore, the serious offence committed by the appellant must be punished for his heinous acts and to protect children from becoming easy targets of sexual crimes.
"This stern sentence is not only a deterrent to the appellant but also a reminder to the public to show the seriousness of the court in handling and combating these heinous crimes from continuing," he said in the judgment uploaded on the judiciary's website last week.
Azmi said it was clear that both courts had not been mistaken in handing down the sentence against Nur Hidayat.
"The victim was only a Year Six pupil who was aged 11, 11 months and 28 days when the rape occurred, whereas, the appellant was 27 at that time.
"He had taken advantage of a little girl to satisfy his lust, without feeling a bit of guilt or sympathy for this young child.
"The appellant had asked for a lighter sentence on grounds that he truly regretted his actions and pledged not to repeat it.
"To our mind, the appellant as an adult and with mature thinking can surely think about his wild actions that would not only end up harmful and disastrous to him, but even more sad, has tainted the purity, honour and dignity of the victim.
"Therefore, the remorse expressed by the appellant to us does not have any value anymore. It is no use crying over spilt milk," he said.
The charge sheet read the accused had allegedly raped the girl at 2.30pm at a budget hotel in Batu Pahat, Johor on Nov 20,2020.
The charge under Section 376(2(e) of the Penal Code carries a jail term of not less than 10 years and not more than 30 years and whipping.
On Dec 21, 2022, the Sessions Court judge sentenced Nur Hidayat to 18-years' jail from the date of his arrest on Dec 16, 2022 and 10 strokes of the rotan.
He was also ordered to undergo rehabilitation counselling while serving the sentence and to undergo police surveillance after his release.
The case facts read that he had on Nov 20,2020, met the girl in front of a shop in Parit Raja and they went on a car ride before he brought her to a hotel where he raped her.
The girl was afraid to tell her mother what had happened for fear of being reprimanded.
The mother, however, noticed changes in the girl. She would frequently hide in her room and was not as cheerful as before.
The girl only revealed the rape incident after she was forced by her mother. Her mother later accompanied her to lodge a police report.
The mother and daughter then hatched a plan to meet up and "trap" Nur Hidayat, who was apprehended by the girl's father and brought to the police station.