Shah Alam: The High Court has upheld the 10-year jail term and three strokes of the cane imposed on celebrity preacher Da’i Syed, whose real name is Syed Shah Iqmal Syed Mohd Shaiful, following his conviction for rape.
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Judge Adlin Abdul Majid ordered that the sentence take immediate effect after hearing submissions from both the defence and the prosecution in the appeal against the conviction and punishment.
In delivering his decision on Friday (Jan 23), the judge held that the Sessions Court had correctly evaluated the elements of the offence, noting that the prosecution had proven its case beyond reasonable doubt, while the defence failed to cast doubt on the evidence presented.
He said the accused’s defence amounted to a bare denial and pointed out inconsistencies in Syed Shah Iqmal’s testimony relating to the incident.
“The trial judge’s findings on the accused’s defence are findings of fact made after a full evaluation of the evidence, including oral testimony,” Adlin said, adding that an appellate court should not interfere unless a clear error is shown.
In the same ruling, the judge also rejected the prosecution’s appeal seeking a heavier sentence, stating that the punishment imposed was appropriate as there was no evidence of extreme violence or excessive cruelty during the offence.
Counsel for Da’i Syed, Mohamed Baharudeen Mohamed Ariff, subsequently applied for a stay of execution pending an appeal to the Court of Appeal, citing his client’s role as the sole breadwinner and his cooperation throughout the trial.
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However, the application was dismissed after Deputy Public Prosecutor Maizatul Munirah Abdul Rahman objected, arguing that the reasons put forward did not meet the threshold for granting a stay.
Syed Shah Iqmal was originally sentenced on Aug 30, 2024, by the Shah Alam Sessions Court to 10 years’ imprisonment and three strokes of the cane after being found guilty of the offence. Sessions Court Judge Norazlin Othman ordered the sentence to commence immediately, ruling that the defence had failed to raise reasonable doubt at the close of the case.
Although Syed Shah Iqmal was later granted a stay by the High Court on Sept 20, 2024, after serving 21 days in prison, that stay has now been lifted following the dismissal of his appeal.
The accused had pleaded not guilty on Dec 10, 2020, to a charge of raping a 23-year-old woman at a condominium in I-City, Section 7, Shah Alam, at about 1.35am on Sept 11, 2019.
The charge was brought under Section 376(1) of the Penal Code, which carries a maximum sentence of 20 years’ imprisonment and whipping upon conviction.
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-TheStar