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Rotan, jail for raping disabled, 15
Published on: Thursday, July 12, 2018

Kota Kinabalu: A 28-year-old local was jailed 18 years and ordered given two strokes of the cane for raping a 15-year-old moderate intellectually disabled girl.

Sessions Court Judge Azreena Aziz meted out the sentence to Jackson Masih who changed his plea in the middle of his trial and admitted to the charge.

Jackson decided to make the plea after the prosecution had called six witnesses during the hearing.

Azreena also ordered Jackson to pay a compensation of RM10,000 or six months' jail to the victim and be put under police supervision for two years after serving his jail sentence.

Jackson raped the girl at 7am on Sept 19, 2017 at a house in Kuala Penyu.

The offence under Section 376(2)(d) of the Penal Code carries a jail term of between 10 and 30 years, and whipping, on conviction. The court ordered Jackson to serve the jail sentence from Feb 28 this year.

During mitigation, Jackson who was not represented, asked for a light sentence saying that he has a child and old mother to look after.

He also told the court that it was his first offence and promised not to commit any offence in future.

However, Deputy Public Prosecutor Husna Abdul Halim urged the court to impose a deterrent sentence on the grounds that Jackson had committed not only a serious offence but very heinous as the victim is a disabled.

Husna said Jackson did not show remorse as he only pleaded guilty in the middle of trial and that should not be considered as a mitigating factor.

The court heard that the victim and her 13-year-old sister were brought by their father's friend one Indung to Kuala Penyu town to buy cigarettes at 5am after the father allowed them to follow the friend.

However, the victim and her sister did not return home after 1pm and the father was worried about them.

The father while on his way to lodge a police report, saw the victim and her sister at a bridge.

The victim's sister told the father that the victim was raped.

Investigation revealed that Indung and his friend had brought the victim and sister to a house where two men had raped the victim. One of the men was later identified as Jackson.

During the incident, the victim's sister was outside the room and heard her sister cried but she could not do anything as she feared the men would harm her.

Jackson was arrested on Sept 21, 2017 and the police are hunting for the other suspect.

The victim and her sister identified Jackson as the person who raped her, during the identification parade. - Cynthia D Baga


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