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V Anbalagan
Muar High Court orders man to serve 24 years for raping his 13-year-old sister-in-law, who later gave birth
Judicial commissioner S Kalyana Kumar said sentences for rape should reflect public abhorrence of such offences and serve to protect minors.
PETALING JAYA: A judge has stressed that rape is a grave offence – especially when the victim is a child – and warrants no leniency, even if the offender pleads guilty.
Judicial commissioner S Kalyana Kumar said rape profoundly shakes the very foundation of a victim’s life, and that public interest demands that such offences be treated as among the gravest crimes against human dignity.
He added that sentences should reflect public abhorrence of such offences and serve to protect minors.
“This court has considered the rampant number of sexual offences committed against young children by ruthless men, which has been reported almost daily in the newspapers. This cannot be ignored.
“Society, as the ultimate guardian of decency, expects the courts to take a firm stance and avoid imposing unduly lenient sentences for such despicable crimes,” he said in delivering his April 25 judgment at the Muar High Court.
Kalyana made the remarks in allowing the prosecution’s appeal to enhance the sentence of a man who pleaded guilty to two counts of raping his 13-year-old sister-in-law at two housing estates in Kluang in March and August 2015.
The victim later gave birth, with DNA tests confirming the man as the father.
“The respondent’s actions have ruined the future of this minor,” Kalyana said.
The court increased the sentence to 12 years’ jail for each offence, to run consecutively, bringing the total to 24 years.
The six strokes of the rotan, mandatory counselling during detention, and two years of police supervision after release were upheld.
The sessions court earlier imposed eight years’ jail for each offence, to run concurrently – a sentence Kalyana described as manifestly inadequate.
He said the sessions court judge failed to fully consider the impact of the rape on the victim, and that the sentence must serve as a deterrent to both the offender and others.
While acknowledging that the lower court had considered public interest, he said it erred in imposing only an eight-year sentence.
“Rape, especially involving a minor, is a very serious offence, and a substantial custodial sentence is necessary,” he said, noting the deep physical, emotional, and psychological trauma suffered by victims.
Kalyana also said the enhanced sentence was not “crushing” as the offender was 38 at the time of sentencing.
He said that sentences should run consecutively where distinct offences are committed on separate dates and at different locations, even if involving the same victim.
Kalyana also said there were no extenuating circumstances beyond the man’s guilty plea and status as a first-time offender.
Judicial commissioner S Kalyana Kumar said rape profoundly shakes the very foundation of a victim’s life, and that public interest demands that such offences be treated as among the gravest crimes against human dignity.
He added that sentences should reflect public abhorrence of such offences and serve to protect minors.
“This court has considered the rampant number of sexual offences committed against young children by ruthless men, which has been reported almost daily in the newspapers. This cannot be ignored.
“Society, as the ultimate guardian of decency, expects the courts to take a firm stance and avoid imposing unduly lenient sentences for such despicable crimes,” he said in delivering his April 25 judgment at the Muar High Court.
Kalyana made the remarks in allowing the prosecution’s appeal to enhance the sentence of a man who pleaded guilty to two counts of raping his 13-year-old sister-in-law at two housing estates in Kluang in March and August 2015.
The victim later gave birth, with DNA tests confirming the man as the father.
“The respondent’s actions have ruined the future of this minor,” Kalyana said.
The court increased the sentence to 12 years’ jail for each offence, to run consecutively, bringing the total to 24 years.
The six strokes of the rotan, mandatory counselling during detention, and two years of police supervision after release were upheld.
The sessions court earlier imposed eight years’ jail for each offence, to run concurrently – a sentence Kalyana described as manifestly inadequate.
He said the sessions court judge failed to fully consider the impact of the rape on the victim, and that the sentence must serve as a deterrent to both the offender and others.
While acknowledging that the lower court had considered public interest, he said it erred in imposing only an eight-year sentence.
“Rape, especially involving a minor, is a very serious offence, and a substantial custodial sentence is necessary,” he said, noting the deep physical, emotional, and psychological trauma suffered by victims.
Kalyana also said the enhanced sentence was not “crushing” as the offender was 38 at the time of sentencing.
He said that sentences should run consecutively where distinct offences are committed on separate dates and at different locations, even if involving the same victim.
Kalyana also said there were no extenuating circumstances beyond the man’s guilty plea and status as a first-time offender.
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