How do Sections 375(g) and 376(2)(e) shape rape sentencing?

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Sections 375(g) and 376(2)(e) set the legal charge and the sentencing range for rape in this case
Sections 375(g) of the Penal Code defines the rape offence the accused was charged under, while Section 376(2)(e) sets the punishment range that the court applied. In this case, the Sessions Court imposed 10 years in prison and one stroke of the cane for the rape offence, which aligns with the minimum punishment stated in Section 376(2)(e). The court also ordered the prison terms for rape and physical sexual assault to run concurrently from the date of arrest on September 5, 2025.
The charge under Section 375(g) tied the case to a rape conviction
The court convicted Hilmee Kusnan under Section 375(g) for raping an eight-year-old girl at about 10.30am on September 4, 2025 at a flat in Cheras. This meant the sentencing for rape had to follow the punishment framework in the same Penal Code. In the court’s sentencing breakdown, the rape offence was treated separately from the physical sexual assault charge.
Section 376(2)(e) provides the minimum and maximum prison terms plus whipping
Section 376(2)(e) governs punishment for the rape offence in this case, stating a minimum prison sentence of 10 years and a maximum of 30 years, together with whipping. The Sessions Court therefore sentenced Hilmee to 10 years’ imprisonment and one stroke of the cane for the rape offence. The judge’s statement also shows the court treated the whipping component as part of the Penal Code punishment for rape.
The court’s final term fell on the minimum end of the Section 376(2)(e) range
The sentence of 10 years for rape matches the minimum prison term described for Section 376(2)(e), rather than the maximum of 30 years. The judgment also reflects that the rape sentence was paired with a specific whipping term, with the judge stating “one stroke of the cane” for the rape offence. The court’s overall sentencing approach also included concurrent prison terms, with both prison sentences running concurrently from September 5, 2025.
Sentencing was also affected by the guilty plea and additional court orders
Hilmee changed his plea to guilty on the first day of trial, and the judge handed down the sentence after that change. The court ordered concurrent prison sentences and also directed two years of counselling while in prison and two years of police supervision after completing the sentence. Separate from the rape framework, the case also involved a physical sexual assault charge under the Sexual Offences Against Children Act 2017, which carried a maximum prison sentence of 20 years and whipping, and the judge imposed four years’ imprisonment and one stroke of the cane for that charge.

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How do Sections 375(g) and 376(2)(e) shape rape sentencing?

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