Trader's sentence for
PUTRAJAYA: The Court of Appeal
here Tuesday upheld a 14-year
jail sentence and imposition of
six strokes of the rotan on a
fresh milk trader found guilty of
raping a 62-year-old woman in
the presence of her husband.
A three-man panel presided by
Datuk Syed Ahmad Helmy Syed
Ahmad, Datuk Clement Allan
Skinner and Datuk Mohamed
Apandi Ali ruled there was no
merit in Ahmad Nazari Abd
Majid's appeal and therefore, no
reason to interfere with the
findings of the Sessions Court
and the High Court.
Ahmad Nazari, 48, who has two
wives and eight children, was
charged with two counts of
raping the victim, a rubber
tapper, at a rubber estate in
Kuala Muda, Kedah between 7am
and 8am on Dec 13 and Dec 27,
He was discharged and acquitted
by the Alor Setar Sessions Court
on the first count but was
convicted on the second charge
and sentenced to eight years jail
and two strokes of rotan.
On April 28, 2009, the Alor Setar
High Court dismissed Ahmad
Nazari's appeal on the conviction
and sentence. Instead, it (the
High Court) enhanced his jail
term to 14 years and six strokes
of rotan after allowing the
prosecution's cross-appeal on
Ahmad Nazari was ordered to
serve his jail term from April 28,
2009 as he was on bail, pending
his appeal to the High Court. The
prosecution did not appeal on
his acquittal for the first charge.
Based on the facts of the case,
Ahmad Nazari came to the estate
where the victim was tapping
rubber with her husband. He
carried a big piece of wood and
attempted to hit the victim's
husband but failed.
He then dragged the victim into
the bush and raped her, while
the husband watched helplessly,
as he was no match (physically)
for Ahmad Nazari and was
unable to help his wife.
Ahmad Nazari left the scene after
raping the victim.
The victim went home and did
not make a police report because
she was embarassed. It was only
on Chinese New Year, the
following year, that her son took
her to lodge a police report.
Police conducted investigations
and arrested Ahmad Nazari. The
victim identified the acccused in
an identification parade.
V. Shoba was deputy public
prosecutor while Ahmad Nazari
was represented by Harpal Singh