By V. Anbalagan

MALAYSIA, PUTRAJAYA: A religious teacher who raped an underage girl will return to prison to serve a 15-year jail sentence.

The Court of Appeal yesterday allowed the public prosecutor's appeal to set aside a High Court order to acquit Ishak Shaari of the charge.

Apart from the custodial sentence, Ishak, 44, will be given five strokes of the rotan.

Ishak came out of prison in August last year after serving a two-year term for outraging the modesty of another underage victim in Pulau Sebang, Malacca.

Court of Appeal judge Datuk Raus Md Sharif said the public prosecutor had proved that Ishak had raped the girl, then 14 years and five months, in 1995 .

"The accused did not create a doubt in the prosecution's case at the close of the defence case," said Raus in delivering the unanimous decision.

Sitting with Raus were Datuk Hasan Lah and Datuk Sulong Matjeraie.

Ishak was charged with raping the girl at a school counselling room in Tampin, Negri Sembilan, on July 4, 1995.

The Sessions Court acquitted Ishak without calling for his defence, but on appeal by the prosecution, the High Court in August 1999 ordered him to enter his defence.

The Sessions Court heard his defence and convicted him in January 2000 and sentenced him to 15 years' jail and five strokes of the rotan.

Ishak then appealed to the High Court which in January 2005 set aside the conviction and acquitted him.

Then the prosecution appealed to the Court of Appeal where deputy public prosecutor Nurulhuda Nooraini Mohd Nor submitted that the girl's testimony was corroborated by medical evidence that she was raped.

She said Ishak's conduct also revealed that he had committed the crime.

"He went to meet the girl's mother to withdraw the police report made against him."

However, counsel Karpal Singh said his client should not be convicted because there were material contradictions between the evidence of the victim and the expert witnesses, the doctor who examined her and the chemist.