A three-member bench chaired by Abdul Karim Abdul Jalil affirmed the 30-year jail term but reduced the 10 strokes of the rotan to four.
Karim said the man had been “wild” and did not show compassion for the victim.
“You took advantage of her instead of protecting her,” said Karim, who sat with Supang Lian and Che Mohd Ruzima Ghazali.
The man, who cannot be named to protect the underage girl, committed the offences between 2pm and 6pm on May 2 and May 5, 2019 at his kampung home in Terengganu.
He pleaded guilty to both charges in a sessions court on May 21, 2019.
He was sentenced to 15 years’ jail and 10 strokes for the first offence and a similar imprisonment and whipping for the second offence.
The trial judge ordered the prison terms to run consecutively, meaning he will serve 30 years. The High Court also dismissed his appeal against the sentence.
Under Section 376B (1) of the Penal Code, whoever commits incest shall be punished with imprisonment for a term of not less than 10 years and not more than 30 years, and shall also be liable to whipping.
The law provides that a male below 50 can be whipped up to 24 times.
The man was charged with incest as the sexual intercourse was with a person whose relationship to him was not permitted under the law, religion or custom.
The facts of the case revealed that a teacher in the victim’s school observed that she was behaving abnormally. Upon questioning, the girl disclosed what had happened to her.
The teacher lodged a police report leading to the man being arrested at his house on May 12, 2019.
Medical evidence also showed that the victim had been sexually assaulted.
Lawyer Izleen Ismail in mitigation said a long jail term would not help in the man’s rehabilitation and return to society.
“He will be about 60 years old when freed after one-third remission of the jail term,” the lawyer said.
Deputy public prosecutor Hanim Mohd Rashid said the appeal should be dismissed as the man had taken advantage of the girl who was under his care and protection.
“Public interest demands a deterrent sentence,” she said, adding that the jail term and rotan had been rightly imposed by the trial judge.