25 years, 10 strokes for raping daughter
Published on: Wednesday, March 20, 2019
By: Cynthia D Baga
KOTA KINABALU: A 35-year-old local who raped his 12-year-old daughter 10 times since last year was sentenced to 25 years’ jail and ordered given 10 strokes of the cane.
Sessions Court Judge Noor Hafizah Mohd Salim handed the sentence to the supervisor of a plastic factory after he pleaded guilty, Tuesday.
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He raped his daughter at 3pm on March 10, this year, at a house in Kinarut.
The offence under Section 376 (3) of the Penal Code carries a jail term of between eight and 30 years, and whipping at least 10 strokes of the cane, upon conviction.
The court ordered the man to serve the jail sentence from the date of his arrest.
Before handing down the sentence, the court said as a father, the man should take care of her instead of taking advantage by raping her.
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During mitigation, the man who was not represented, asked for leniency saying that he has two other smaller children to look after.
He told the court that his family is staying in the workers’ quarters and if he is jailed, his family has no place to go.
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However, Deputy Public Prosecutor Megat Mahathir urged the court to impose a deterrent sentence on the grounds that the man had committed a heinous crime against his own daughter.
Megat added that the victim was traumatised, adding that a heavy sentence would serve public interest and also deter others from committing similar offence.
The court heard that on March 11 this year, the incident came to light when the victim revealed that his father had raped her to her mother who then lodged a police report.
Further investigation revealed that during the incident, the mother and her two other children were not at home and the victim tried to fight back but failed.
The victim revealed that her father had raped her about 10 times since last year in several places, including in the forest and factory where he worked.
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The father also warned the victim not to tell others about the incident as she would be scolded by her mother.
The victim was the eldest child from three siblings.