Jail for touching private part of grandniece, 3

Kota Kinabalu: A 43-year-old man who committed a sexual abuse against his three-year-old grandniece was jailed 13 years’ jail and ordered to get a stroke of the cane.

The man pleaded guilty before Sessions Court Judge Noor Hafizah Mohd Salim, Friday.

He committed the offence against the toddler by touching her private part at 11am on June 22, this year, inside a bathroom of a condominium in Telipok.

The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, upon conviction.

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In asking for leniency, the man who was not represented, burst into tears and told the court that he knew that it was an offence and he was remorseful.

He promised that he would not repeat the offence and requested to meet his family but the court said it was not a mitigation factor.

However, Deputy Public Prosecutor Nur Faezah Jafry urged the court to impose a heavy sentence on the grounds that the man had committed a serious offence against his grandniece who he should protect and give good example to her. Nur Faezah submitted that the victim, who was only three-year-old, had suffered pain from tear due to the incident but she could not explain it.

She added that a heavy sentence should be given to the man as a lesson to him as well as public at large.

The court heard that the man went to the victim’s house on June 21 and slept over there.

The next day at 11am, while the victim’s mother was washing dishes in the kitchen, she heard loud noises coming from the bathroom. The victim’s mother then checked the bathroom but it was locked. The mother heard the victim crying. The mother then knocked the door and the man who claimed that he wanted to bath the victim came out of the bathroom carrying the victim who was naked.

The man then handed the victim over to her mother but the victim was still crying while pointing to the man.

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The victim’s mother then brought the victim to the bedroom and the victim pointed to her private part which was reddish.

Further investigation at the Hospital Likas revealed that there was a new tear and mild redness at the victim’s private part. Following a police report, the man was arrested.

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