Judge Yaacob Md Sam said all accused persons must be treated equally in the eyes of the law in accordance with Article 8 of the Federal Constitution.

“Statements touching on religion should be avoided. Would the court take such an approach if the accused is a non-Muslim?” asked Yaacob.

He said there was also no different set of moral values irrespective of whether the offenders were Muslims or otherwise.

Yaacob, who sat with judges P Ravinthran and Ahmad Nasfy Yasin, made this remark in dismissing an appeal to increase the jail term of a jobless man who had an incestuous relationship with his daughter-in-law.

Earlier, lawyer Varpal S Sagoo, who appeared for the 68-year-old accused, submitted that the Sessions Court judge in Kuala Kangsar, in her judgment, had said incest was a despicable crime and was prohibited in Islam.

She had also said having sexual intercourse before marriage was a major sin and Islam forbade such a relationship with persons one could not marry.

“She was swayed by emotion in making the judgment,” said Varpal, who read excerpts of the written grounds.

The man had pleaded guilty to outraging the modesty of the woman, then 34, by fondling her breasts at a house in Kuala Kangsar between November and December 2018.

The court had sentenced him to five years’ jail.

The man had also pleaded guilty to committing incest with the woman during the same period and the court sentenced him to 20 years’ jail and ordered him to be whipped 12 times.

The jail term was to run consecutively, meaning he will serve 25 years.

The man was also ordered to be placed under police supervision for two years after his release from jail.

Following an appeal, the High Court in Taiping maintained the jail term for outraging modesty but reduced the jail term to 10 years and set aside the whipping as he was more than 50 years old.

This means he will serve a total of 15 years’ jail from the day of arrest in 2018.

Yaacob said the High Court was correct in the measure of punishment as the offence for incest carried a minimum 10 years’ jail and maximum 30 years and whipping.

“We also quash the order that the accused be placed under police supervision as it will not serve any purpose as the accused will be in advanced age then,” he said.

Deputy public prosecutor Muhammad Azmi Mashud prosecuted.

Later, the same bench also dismissed an appeal by 66-year-old stall holder Mukhtar Ismail and ordered him to begin his 11-year jail term for sexually assaulting a child by fondling her private parts.

He was on RM20,000 bail in one surety pending his final appeal today.

He committed the offence behind a coffee shop at a Felda settlement in Gua Musang on Aug 10, 2017.

Mukhtar was charged under Section 14(a) of the Sexual Offences Against Children Act, which carries a jail term of up to 20 years.

Yaacob said the bench was convinced that the evidence given by the child was credible and the allegation that the accused was victimised was baseless.

Deputy public prosecutor Nazran Mohd Sham prosecuted while Mohd Ridzuan Muhamad represented the accused.