Justice Atan Mustaffa Yussof Ahmad made the ruling after dismissing the appeal by Rosmaini Abd Raof, 42, against the conviction and jail sentence imposed by the sessions court.

The court also dismissed the prosecution’s cross-appeal to increase the jail sentence after finding that the 10-year jail sentence against Rosmaini was sufficient, Bernama reported.

When delivering the decision, Atan said that after examining the records of the proceedings and the arguments presented by the defence, there was no sufficient basis to disturb the trial court’s findings and decision.

However, the court allowed a stay of execution of the sentence and set an additional bail of RM10,000, bringing the total to RM25,000.

Rosmaini was charged with causing grievous bodily harm to Jahidah, 46, who was then 10 weeks pregnant by hitting her head, face and hands and stomping on her back.

He was accused of committing the offence at an apartment in Kampung Aman, Larkin, at 6am on May 4, 2021.

It is understood that Jahidah had given birth to the baby via caesarean section on Nov 30 the same year.

The charge was framed under Section 325 of the Penal Code, which provides for imprisonment of up to seven years and a fine, read together with Section 326A of the same code, which carries a prison sentence of double the maximum period.

The sessions court had found Rosmaini guilty of the offence on Dec 9 last year, and he was sent to jail to serve the 10-year imprisonment.

On Feb 25, the High Court allowed Rosmaini’s application to stay the execution of the prison sentence pending his appeal at the High Court. He had spent 79 days in jail after the sessions court’s decision.

Rosmaini and Jahidah, a former government employee, are now divorced.

Lawyers Kamal Hisham Ja’afar, Muhammad Nor Tamrin and Nurainaa Kamilah Zalizan represented Rosmaini, while the prosecution was represented by deputy public prosecutors Umar Faiz Abdul Kohar and Siti Fatimah Mamu.