PUTRAJAYA: A former driving school instructor began serving an eight-year prison sentence today after the Court of Appeal reinstated his conviction for the physical sexual assault of a 17-year-old girl in 2021.
Lim Yoke Pin, 75, had previously been acquitted and discharged by the High Court.
Today, a three-member Court of Appeal bench comprising Justices Azman Abdullah, Hayatul Akmal Abdul Aziz and Radzi Abdul Hamid allowed the prosecution’s appeal, set aside Lim’s acquittal, and reinstated the sessions court’s conviction.
Justice Hayatul Akmal, who delivered the court’s decision, said the victim was consistent in her testimony that Lim had groped her breasts and genitals.
She said there was no evidence to suggest the victim had any motive to frame Lim.
However, Justice Hayatul Akmal said after taking into account Lim’s age, the court set aside the 12-year prison sentence and three strokes of the cane imposed by the sessions court and replaced it with an eight-year jail term.
She ordered Lim to begin serving the eight-year sentence today.
On June 9, 2023, the Raub sessions court found Lim guilty of sexually assaulting the girl in Jalan Desa Damai, Bentong, at 3pm on March 14, 2021 and sentenced him to 12 years’ imprisonment and three strokes of the cane.
On July 29 last year, the High Court acquitted and discharged Lim of the offence, prompting the prosecution to appeal to the Court of Appeal.
At the appeal hearing, deputy public prosecutor Zaki Asyraf Zubir submitted that the High Court had erred in fact and law in acquitting Lim.
He said the sessions court judge had found the victim’s testimony to be convincing.
However, Lim’s lawyer, Chong Pei Yen, urged the court to uphold the High Court’s decision, arguing that the victim did not lodge a police report immediately and only did so an hour later.
