Canny’s rapist-killer faces the gallows

According to the Penal Code under S.302, whoever commits murder shall be punished with death. 

Rape is dealt under S.375 of the Malaysian penal code'. According to this section a man is said to commit "rape" who has sexual intercourse with a woman under the mentioned circumstances. 

Under the S.376, whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping. Whosoever cause death whilst committing or attempting to commit rape shall be punished with death or imprisonment for a term of not less than 15 years and not more than 30 years, and shall also be punished with whipping of not less than 10 strokes. 

In the case of Ahmad Najib Aris, the accused has convicted the rape and murder of a woman named Canny Ong Lay Kian. Rape and murder are serious crimes against the state. The accused has exhausted all his legal avenues to overturn his death sentence. In fact his efforts were in vain. This means that his case was heard and tried at several courts. 

This case was first tried at the High Court. According to S.22(1) of Act 91, the criminal jurisdiction of the mentioned court includes that the High Court may try all criminal matters and may pass any sentence allowed by law. However, the High Court generally practices to confine itself to try offenses which carry the death penalty. Ahmad Najib has in fact committed an offense of aggravated rape and murder against the state making Lay Kian his victim. According to S.302 and S.376, Ahmad Najib can and will possibly be punished with death. 

Facing capital punishment, Ahmad Najib has brought his case to the Court of Appeal. According to S.50(1) of Act 91, the Court of Appeal has the appellate jurisdiction to hear and determine any criminal appeals against any decision made by the High Court in the exercise of its original criminal jurisdiction. Ahmad Najib was not satisfied the High Court’s decision. He made and appeal to the Court of Appeal. The Court of Appeal has made a decision that is not in the favour of Ahmad Najib. 

Ahmad Najib still tries to bring his case in court, with hope that he might be proven innocent and free from all of the charges against him. Ahmad Najib appeals his case to the highest court in Malaysia, the Federal Court. According to S.87 of Act 91, the appellate jurisdiction of the Federal Court includes the court to hear and determine any criminal appeal from decisions of the Court of Appeal. However, the Federal Court has indeed decided that the accused, Ahmad Najib Aris, has been found and proven guilty. Unfortunately, after exhausting all his possible legal options, the rapist-killer of Lay Kian faced death row.