KN Segara J:

The appellant (hereinafter referred to as the "accused") faced two amended charges punishable under s. 376 of the Penal Code for the offence of statutory rape of a girl named Suraya bt. Hamzah, aged 14 years and 4 months. The offence in the first amended charge was alleged to have been committed on 15 August 1997 between 8pm and 12.05am and the offence in the second amended charge was alleged to have been committed on 17

August 1997 between 8pm and 12 mid-night. Both offences were alleged to have been committed at the same place, namely, 5 Lorong Watt Siam, that is, at the house where the accused was then living. The accused was found guilty and convicted on both the amended charges, to which he had claimed trial, by the learned Sessions Court judge, Alor Setar. The accused was sentenced to eight years imprisonment and three strokes of the rotan on each of the charges. The sentence of imprisonment was ordered to run concurrently. The accused was, however, released on bail by the Sessions Court, pending his appeal to the High Court. The accused is a government servant working with the Pejabat Bomba.

The alleged victim (SP3) had left her house in Pendang on