Incest: Father of 4 jailed 65 years

Kota Kinabalu: A 33-year-old father of four who raped his daughter while everyone else in his family was asleep, making her pregnant in the process, was on Tuesday sentenced to 65 years' jail.The labourer was also handed 50 strokes of the cane by Sessions Court Judge Indra Ayub, after he pleaded guilty to three charges against him.

On the first and second count, he was jailed 20 years and ordered given 15 strokes of the cane each for raping his 12-year-old daughter, who is his eldest child, between 10pm and midnight in October and December 2015 at a house in Papar.

On the third count, the man was sent to prison for another 25 years plus 20 strokes of the cane for repeating the offence against the victim at the same place and time in November 2015.

He committed the offence under Section 376(3) of the Penal Code, which provides for a jail term of between eight years and 30 years, and whipping of at least 20 strokes, on conviction.

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Indra ordered the man to serve the jail sentence consecutively from the date of his arrest on March 3 this year.

The court heard that the girl lodged a police report on March 3, this year claiming she was raped by her father as a result of which she was six months' pregnant at the time.

The man was arrested the same day.

Investigation revealed that the man had raped the girl several times while everyone else in the family was asleep from October until December 2015 during which time she became pregnant.

During mitigation, the man who was not represented asked for a lenient sentence saying he has family to look after.

The man who asked for the jail sentence to run concurrently from the date of his arrest told the court that he was under the influence of alcohol during the incidents.

However, Deputy Public Prosecutor Mohd Khairuddin Idris urged the court to impose a deterrent sentence on the grounds that the offence committed by the man was very serious as the victim was his own daughter.

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Khairuddin submitted that the man's act was unforgivable and unacceptable in the community at large.

He added that long-term imprisonment should be given to the man to deter him as well as to give a clear message to the public that stern action would be taken against anyone committing such offence.

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