Kota Kinabalu: A 41-year-old security guard was jailed 13 years and ordered five lashes of the cane by the Sessions Court on two counts of raping his 15-year-old grandniece.
High Court Deputy Registrar Cindy Mc Juce Balitus, who sat as a Sessions Court Judge, on Wednesday convicted the man guilty as per charges.
In her decision at the end of the man’s defence, Cindy held that the prosecution had proven its case beyond reasonable doubt.
The man was sentenced to 10 years’ jail and ordered three strokes of the cane on the first count of raping the victim (now 19) at midnight on March 12, 2017 in a house in a Kota Marudu village.
On the second count, the man was handed three years jail and ordered to be caned twice for committing physical sexual assault on the same victim at the same place and time.
The court ordered the man to serve the imprisonment sentence from Wednesday and also ordered the jail terms to run concurrently.
The first count was framed under Section 376(2)(d) of the Penal Code which carries a jail term of between five years and 30 years and whipping, if convicted, while the second count under Section 14(a) of the Sexual Offences against Children Act 2017 provides for a jail term of up to 20 years and whipping on conviction.
Seven prosecution’s witnesses and two defence witnesses were called throughout the trial.
Deputy Public Prosecutor Mas Izzaty Lokman prosecuted while the man was represented by counsel Benazir Japiril.
