The accused and his wife being taken to court to be charged
SEREMBAN: A 44-year-old man has been sentenced to 20 years' jail and five strokes of the cane after pleading guilty to repeatedly raping his teenage daughter, who later gave birth.
The accused did not contest the charge after it was read to him before Sessions judge Mohamad Kamil Nizam on Wednesday (May 8).
"Although you pleaded guilty, the court has to give precedence to public interest rather than personal interest.
"As a father, you were supposed to care for your child but in this case, you betrayed this and caused her misery and trauma.
"The court also takes note that Parliament amended the law to provide heavier penalties for such crimes," judge Mohamad Kamil said.
The accused was charged with committing the offence sometime in November 2022 at a house in Kg Pachitan, Port Dickson.
He was charged under Section 376B(1) of the Penal Code for incest, which carries a jail term of between 10 and 30 years and whipping upon conviction.
Judge Mohamad Kamil said the court also took note of the fact that the victim only reported the matter to the police after the accused and his wife were detained for a narcotics offence.
Deputy public prosecutor M. Kalaivaanan asked the court to impose a deterrent punishment as the accused raped the victim repeatedly until she gave birth to an illegitimate child in August last year.
The accused had been raping the girl since she was 12, he said.
ALSO READ: Man nabbed for allegedly raping daughter over eight years in PD
"Although the accused has pleaded guilty, this should not be automatically considered a mitigating factor.
"The court should also take judicial notice of the increasing number of incest cases and a message has to be sent to the public that these crimes come with a heavy punishment," he said.
Kalaivaanan also told the court that Parliament had amended the law twice to provide for stricter penalties for such crimes.
In mitigation, the accused pleaded for a light sentence as he had four children to provide for and that his wife suffered from diabetes and heart problems.
In another court, both the accused and his 45-year-old wife were charged with being in possession of yaba pills weighing 32.8g at the same house on April 28.
The accused pleaded guilty to the charge while his wife claimed trial.
They were charged under Section 12(2) of the Dangerous Drugs Act 1952 which carries a jail term of between five years and life imprisonment and a minimum of 10 strokes upon conviction.
Sessions judge Meor Sulaiman Ahmad Tarmizi then fixed July 4 for mention after being told by the prosecution that the chemist's report was not ready.
