KUANTAN, Nov 4 — A mechanic who pleaded guilty to having rough and unnatural sex with his wife without her consent was spared three strokes of the rotan after the High Court here today set aside the sentence handed down by the Sessions Court.
Judicial Commissioner Datuk Mariana Yahya also reduced to six years, from the 10 years handed down by the lower court, the jail sentence on Khairulhisam Abdul Khalid, 35.
On Aug 5 this year, Session Court judge Hassan Abdul Ghani sentenced Khairulhisam to jail and three strokes of the rotan after he pleaded guilty to the offence.
Khairulhisam was sentenced to five years’ jail for causing injury on his 32-year-old wife during a sexual intercourse at about 3.15pm on April 19 this year.
On the second count of performing unnatural sex on his wife, Khairulhisam was sentenced to 10 years’ jail and three strokes of the rotan.
Hassan ordered Khairulhisam to serve the jail sentence concurrently from Aug 5. Khairulhisam, who was represented by lawyer Syed Azimal Amir Syed Abu Bakar, then filed an appeal against the sentence at the High Court.
In his appeal, Khairulhisam, stated, among others, that the Sessions Court judge had erred in facts and law for failing to consider his guilty plea. — Bernama
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