A Math teacher who claimed he suffered from impotence, still has to spend eight years behind bars and be whipped four times after he lost his appeal to set aside his conviction for raping a primary student.

Mohd Faddil Abdul Rahman, 42, was convicted by the Seremban High Court last year on two counts of raping the then 12-year-old girl who had gone to his house in Sept 2013 to study.

He was sentenced to eight years jail and two strokes of the rotan for each offence and the jail term was ordered to run concurrently.

He was initially acquitted and discharged by the Sessions Court on Jan 20, 2014 based on testimony by a medical expert, which was corroborated by his wife, that he suffered impotency at the time of the alleged offence.

However, the High Court overturned the decision after allowing the prosecution's appeal.

Mohd Faddil subsequently filed an appeal at the Court of Appeal.

A three-person bench of Court of Appeal chaired by its president Md Raus Sharif unanimously dismissed Mohd Faddil's appeal and maintained the eight years jail term and two strokes of caning.

Justice Raus also dismissed the prosecution's cross-appeal for an increase in the jail term, saying that although the court agreed the offence was serious, but there was no reason for the appellate court to alter the jail sentences as the High Court had taken into account the seriousness of the offence.

Deputy public prosecutor Tengku Intan Suraya Tengku Ismail told the court that Mohd Faddil had gone to an andrologist for an examination eight months after the rape and was found to be suffering from impotency.

She said the medical expert's findings were not conclusive because the answers given by the andrologist on the witness stand was "probable', which showed he was unsure of when Mohd Faddil had suffered from the condition.

Tengku Intan said Mohd Faddil did not submit his medical history to show that he was impotent at the time of the incident.

She also pressed for a heavier jail sentence saying that Mohd Faddil took advantage of the girl twice.

Mohd Faddil's counsel Hanif Hassan submitted that the High Court, in setting aside Mohd Faddil's acquittal, had failed to consider the evidence of the medical expert and Mohd Faddil's wife that he (Mohd Faddil) suffered from
impotency.

According to the facts of the case, the incident happened when there was no one in the house and the girl was also made to perform oral sex on the accused. The victim recalled the assault in graphic detail, including describing her attacker's private parts.

- Bernama