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KOTA KINABALU (Feb 9): The High Court here on Thursday dismissed an appeal by a security personnel against his conviction and sentence for trying to rape an 18-year-old university student five years ago.
Justice Datuk Christopher Chin upheld the lower court’s decision imposed on Arshad Masdin, 30, who appealed to quash the conviction and sentence.
On June 30, 2020, the appellant was sentenced to 13 years’ imprisonment plus six strokes of the cane and ordered to be placed under three years of police supervision by the Sessions Court here after a full trial.
The appellant was found guilty of attempting to rape the victim by taking off her clothes with force in a dormitory of the university at 12.30am on July 15, 2018.
Arshad, who worked in the security division of the university, was convicted under Section 376(2)(a) of the Penal Code read together under Section 511 of the same Code.
The indictment carries a jail term of up to 15 years, and also liable to whipping, upon conviction.
The appellant, who was defended by counsel Shahlan Jufri, will immediately serve his jail sentence on Thursday as his application for a stay of execution was denied.
The lower court had ordered for the jail term to be served from the appellant’s date of conviction on June 30, 2020. However at the lower court, the appellant had obtained a stay of his execution pending Thursday’s appeal.
During the trial, the prosecution had called 22 witnesses to testify against Arshad. The accused had produced three witnesses for his defence.
This case was first brought to court on July 25, 2018.
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