[1] The appellant was charged before the Malacca Sessions Court for an offence under s 376 of the Penal Code . The offence was said to have been committed on 5 July 2010, between 12.30 am and 5.00 am in room 225, Tingkat 2, King's Hotel, Malacca. The victim was 13 years and 4 months old.

[2] On 5 July 2011, the appellant pleaded guilty to the charge. The learned Sessions Court Judge (SCJ), after hearing the parties, placed the appellant on a bond in the sum of RM25,000.00 for good behavior for a period of five years under s 294 of the Criminal Procedure Code (CPC).

[3] The prosecution, being dissatisfied with the sentence, appealed to the Malacca High Court. The learned Judicial Commissioner (JC) allowed the appeal and substituted the sentence with an imprisonment term of five years Dissatisfied, the appellant lodged an appeal to the Court of Appeal and pending the appeal the appellant was granted a stay of execution.

[4] We heard the appeal on 8 August 2012. After hearing the parties, we allowed the appeal. We set - aside the sentence passed by t