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Man gets 20 years, three strokes for raping niece, 12
Published on: Tuesday, October 17, 2017
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Kota Kinabalu: A 30-year-old man who raped his niece, which resulted in her giving birth to a baby boy, was sentenced to 20 years' jail and ordered to be given three strokes of the cane.The man pleaded guilty before Sessions Court Judge Noor Hafizah Mohd Salim to raping the 12-year-old girl at 10.45pm in October 2013 at a house in Kota Marudu.

The offence under Section 376(2) of the Penal Code carries a jail term of between five years and 30 years, and whipping, on conviction.

During mitigation, the man, who was not represented, asked for a light sentence saying that he has two siblings who are still schooling, to look after.

He also told the court that prior to his arrest, he worked at a factory in Shah Alam, Selangor.

However, Deputy Public Prosecutor Hafizah Zahidah Abdullah urged the court to impose a deterrent sentence on the grounds that as the uncle of the victim, he should protect her instead of taking advantage of her.

She added that the girl was not only taking care of her baby but also have to bear the trauma caused by the incident.

Hafizah told the court that the man was charged previously and released on a bail but he had jumped bail.

The man was re-arrested early this month.

The court heard that in October 2013, while the victim was watching television, the man came and raped her.

The victim, who was in Form One during the incident, was confirmed pregnant by the Kota Marudu Hospital when she was sent to the hospital after complaining pain in her stomach on June 5, 2014.

She delivered a baby boy on June 16, 2014 and the DNA report confirmed that the man was the biological father of the baby as a result of the rape. - Cynthia D Baga





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