A three-member Court of Appeal bench led by Hanipah Farikullah partially allowed the prosecution’s appeal to restore the custodial sentence imposed by the sessions court two years ago.

Hanipah, who sat with Ahmad Nasfy Yasin and Hashim Hamzah, however, quashed the RM5,000 fine imposed on the 73-year-old man by the High Court last year.

The former Perak assemblyman committed the offence on the girl at the Taiping hospital at about 6pm on April 15, 2015.

The trial court had sentenced him to 10 months’ jail and fined him RM3,500 or an additional six months’ jail.

Upon appeal, the High Court set aside the jail term but enhanced the fine to RM5,000. The judge also ordered the accused to give a written apology to the girl and his wife, who is now divorced from him.

The accused fulfilled this court order.

Section 354 of the Penal Code provides a maximum 10-year jail term, or a fine or whipping or any two of such punishments for the offence.

The fact of the case revealed that the man visited the girl at the hospital where she had been warded for an ailment.

While seated at the side of the bed, and in the presence of the girl’s mother, he fondled the victim’s breast.

The man repeated the act after the girl had her dinner, only to be scolded by the wife.

However, he did it for a third time and was again reprimanded by his wife. He then left the hospital.

After being discharged the following day, the girl told her family members what had happened and a police report was lodged on April 17, 2015.