PUTRAJAYA:The Court of Appeal today upheld a seven-year jail sentence and one stroke of the cane meted out on a former physical education teacher convicted of sexual assault against two female students at a primary school in Dungun, Terengganu, five years ago.
Judge Datuk Ahmad Zaidi Ibrahim, dismissing Tuan Sembok Tuan Puteh's final appeal, said the sentences for all three charges, effective from Nov 11, 2022, were not excessive and did not warrant intervention by the court.
"This court finds the conviction on all three charges to be sound, and the appellant is fortunate that the deputy public prosecutor (DPP) did not file a cross-appeal regarding the sentence.
"The sentence handed down by the (Kuala Terengganu) Sessions Court is lenient, and it was upheld by the High Court. Therefore, this court dismisses the appellant's appeal and maintains both the conviction and sentence," the judge said when delivering the unanimous decision.
Also sitting were Court of Appeal Judge Datuk Azmi Ariffin and High Court Judge Datuk Noorin Badaruddin.
The man was charged under Section 14(a) of the Sexual Offences Against Children Act 2017 which is punishable by up to 20 years imprisonment, and also whipping, upon conviction.
He was charged with committing the offence against the nine-year-old victims in two different locations, beside a teacher's desk and in the treatment room of a school in Dungun at 10 am between April 15 and 18, 2019.
Today's proceedings were attended by Deputy Public Prosecutor Eyu Ghim Siang as the respondent, while the appellant was represented by lawyer Awang Armadajaya Awang Mahmud. — BERNAMA