20 years, 10 strokes for raping daughter, 12
Published on: Thursday, February 01, 2024
By: Jo Ann Mool
The offence under Section 376(3) of the Penal Code carries a jail term of between eight years and 30 years and whipping not less than 10 times, on conviction.
Kota Kinabalu: An e-hailing driver was on Wednesday jailed 20 years and ordered given 10 lashes of the cane after he was found guilty by the Sessions Court for raping his underage daughter, two years ago.
Judge Amir Shah Amir Hassan meted out the sentence to the 35-year-old man on Wednesday after convicting him of the charge.
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Amir, in his decision at the end of the man’s defence, ruled that the court was satisfied that the man’s defence was purely denial and an afterthought.
“The prosecution have proven their case beyond reasonable doubt. Therefore the accused is found guilty and convicted of offence under Section 376(3) of the Penal Code,” held Amir.
The man was found guilty of raping his 12-year-old daughter between 8pm and 11pm on Aug 11, 2022 at a house in Penampang.
The offence under Section 376(3) of the Penal Code carries a jail term of between eight years and 30 years and whipping not less than 10 times, on conviction.
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In delivering his decision, Amir held that the court was aware that cases of crimes against children are rampant.
“An appropriate punishment needs to be handed down so that it could be used as a lesson and admonition as well as rehabilitation to the accused himself.
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“The victim in this case was certainly traumatised by the offence you committed,” said Amir to the accused.
The court opined that the accused needs to be kept away from the victim for a while and the accused, as the biological father, should never do this to his own child, he said.
“The interests of the victim were also taken into account where she is still young and this year will be only 14 years old and this incident has a bad effect on the physical and mental aspect of the child and this can be seen when the victim gave her testimony before the court during the trial.
“The sentence impose is hoped to serve as a warning to members of the public out there to never commit similar offence, which in this case could be considered as ‘Harapkan pagar, pagar makan padi’” held Amir.
The man, who was not represented, requested for a lenient sentence from the date of his arrest.
Deputy Public Prosecutor (DPP) Dacia Jane Romanus in applying for a heavier sentence, said a deterrent sentence should be imposed not only to serve the man a lesson but also to the public as well.
The court should consider the rampancy of sexual offences, particularly in Sabah, submitted Dacia.
“The court should consider the trauma caused to the victim who is still a child,” she added.
Six prosecution witnesses and two defence witnesses, including the man, testified in court during the trial.
The man had his evidence under oath during his defence on Dec 15, last year.
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