17 Sept 2020
PENDAKWARAYA Hasan bin Yusof
- Citation
- AB - 42 - JSKH - 1 - 01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB - 42 - JSKH - 1 - 01/2020 (Mahkamah Tinggi)
Whipping ordered by the Sessions Court was illegal under section 289(c) CPC because the accused was over 50 and section 376B is not among the listed exceptions; accordingly the whipping order was set aside and, to give effect to legislative intent and proportionality (guided by section 291 CPC analogy), the term of imprisonment was increased from 12 to 13 years.