Kuala Lumpur: A Malaysian of Indian origin, who was sentenced to 36 years in jail four years ago for repeatedly raping his minor daughter, wants his jail term reduced because he used a condom while committing the crime.
The rapist's lawyer SI Rajah told a court of appeals here that the sentence imposed by the lower court was excessive and the father was remorseful. "Justice should be tempered with mercy," the lawyer said.
Rajah told the court the sentence should be reduced since "the accused used a condom every time he committed the offence", the New Straits Times reported Saturday.
The three-member bench of the appellate court refused to overturn the lower court's judgement since it held that a strong message should be sent that such an act must not be condoned.
"You mean it is okay to rape using a condom?" a judge asked in anger.
Four years ago, the sessions court in Petaling Jaya sentenced the accused to a total of 36 years in jail on four counts of rape. The rapist, now 49, appealed against the sentence because he was a first-time offender.
The man raped his 11-year-old daughter between May 2003 and August 2004 when the child's mother used to be away at work.
Deputy public prosecutor Aslina Joned told the court that the accused, a father of five, had betrayed the trust of his daughter.
Aslina said the father would give the victim five ringgit ($1.5) as a reward every time he raped her. A class teacher noticed the girl was in a state of depression and questioned her.
The man was arrested Aug 12, 2004, after his daughter told her teacher about his crime. He pleaded guilty to the charges in the sessions court a week later.
On the first three counts, then Sessions Court judge Nurmala Salim sentenced him to 18 years in jail. The sentences were to run concurrently. He was sentenced to a further 18 years of imprisonment for the fourth count.