
Hendra Mulana, 33, will also receive 12 strokes of the rotan after his conviction under Section 8(b) of the Sexual Offences Against Children Act 2017 was upheld.
Justice Azmi Ariffin, delivering the court’s unanimous decision, said there was no reason to disturb the lower courts’ finding of guilt against the accused.
The court also rejected the accused’s defence that he did not know the victim was a teenager.
“What we have before us is nothing more than a bare assertion: a highly unbelievable story created by the accused to exonerate himself to which no degree of credence ought to be attached and as such must be rejected,” said Azmi.
The accused had contended that at the beginning of their chat, the teenager had claimed she was 19 years old and studying in Form 6.
However, Azmi said it was “crystal clear” Hendra knew the girl was underage when he saw her online.
“(As an ex-kindergarten teacher) he should know how to differentiate between a minor and an adult,” the judge said.
The panel, which included Justices Hadhariah Syed Ismail and S Komathy, ordered that the jail sentence on all four charges run concurrently.
The court also ordered that Hendra undergo counselling while in prison and be placed under police supervision for three years following his release.
According to the facts of the case, the teenager’s mother had checked her phone and found that she had sent lewd videos to the accused.
Hendra was arrested after the girl’s mother lodged a police report against him.
He was charged and convicted by the sessions court in Taiping, Perak, and was sentenced last year to 13 years’ imprisonment and 12 strokes of the rotan.
On appeal, the High Court reduced his imprisonment term to 10 years but maintained the caning sentence.