KOTA KINABALU: A man was ordered to spend 20 years behind bars and to be caned 11 times after being found guilty of raping his sister-in-law two years ago.
Sessions Court Judge Elsie Primus on Thursday (Sept 7) handed the sentence on the 55-year-old after the prosecution managed to prove its case beyond a reasonable doubt following a full trial.
The accused, a passport holder, was guilty of raping the 15-year-old girl in a village house in the northern Kota Belud district at 1pm on Feb 8, 2021.
During the trial stage, the victim broke down in tears when asked about her feelings, saying she considered the man to be like a father to her.
The accused was charged under Section 376(3) of the Penal Code which provides for a jail term between eight and 30 years, and a minimum whipping of 10 strokes, on conviction.
Nine witnesses were called by the prosecution to testify during the trial while the accused and his wife testified for the defence.
During mitigation, the man, who was not represented, sought leniency from the court, saying he had five children to take care of from his first marriage.
Their mother, his first wife, had already passed, he said, adding he and the second wife had no children.
He subsequently asked the court to allow his custodial sentence to start from Feb 19, 2021 which was the day of his arrest.
Deputy public prosecutor Tham Pou Jin however requested the court to hand a heavy sentence to serve as a deterrent lesson to the accused.
Among others, Tham said, the victim’s initial reluctance to identify the accused during the trial was a reflection of the lasting effect the girl suffered as a result of the crime.
It showed the victim was so traumatised that she refused to look at the accused, she added.
SABAH SARAWAK, COURTS CRIME
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