A three-man-bench of the Court of Appeal, chaired by Justice Zakaria Sam, handed down the sentence after allowing the prosecution’s appeal to set aside the acquittal of the 58-year-old man on a second charge of committing incest in 2011.

The girl, then seven years and five months old, was the man’s step-daughter from one of his previous marriages.

The court, however, dismissed the prosecution’s appeal against the man’s acquittal on the first charge.

The man, who will be retiring this November, was acquitted by the Teluk Intan Sessions Court on two rape charges and his acquittal was upheld by the Ipoh High Court.

Following this, the prosecution appealed to the Court of Appeal.

In sentencing the man, Justice Zakaria said the court viewed seriously offences pertaining to incest.

He said the court took into account that the victim was only seven years old at the time of the incident and was too young to suffer from such circumstances.

As for the accused, Justice Zakaria said as an adult and also a teacher, he should be responsible towards children.

Also presiding on the panel were Court of Appeal judge Zamani A. Rahim and High Court judge Kamardin Hashim.

The man, a physical education teacher, was convicted of committing the offence at a house in Tanjung Malim, Perak, about 8am on June 13, 2011.

Earlier, deputy public prosecutor Tengku Intan Suraya Tengku Ismail, who prosecuted, requested for the court to impose a deterrent sentence on the man as he had taken advantage of the helpless child who was supposed to be under his care.

However, counsel Amirul Ridzuan Hanif, representing the man, pleaded for a lesser jail sentence and asked the court to consider his client’s age and that a long jail sentence would affect his family life and also his pension.

– BERNAMA