Jail, rotan for raping disabled woman in KK
Published on: Thursday, April 15, 2021
By: Cynthia D Baga
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Kota Kinabalu: A 38-year-old man who raped a 27-year-old disabled woman, was jailed 18 years and ordered given a stroke of the cane.Sessions Court Judge Azreena Aziz handed the sentence to Basri Ahailin, after ruling that the prosecution had proven its case beyond reasonable doubt against Basri, Wednesday.
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Basri was found guilty of raping the woman between 2am and 3.40am on Oct 9, 2019 in a house at Kg Bakau Kuala Manis, here.
He was convicted under Section 376(1) of the Penal Code which carries a jail term of up to 20 years, and whipping, upon conviction.
The court ordered Basri to serve the jail sentence from the date of his arrest.
During mitigation, Basri who was not represented, asked for lenient sentence saying that he has seven children and that he was not working.
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However, Deputy Public Prosecutor (DPP) Nureen Natasha Mohd Raffie who stood in for DPP Siti Amirah Muhammad Ali, asked for a heavy sentence to be imposed on Basri on the grounds that he had committed a heinous offence against the victim.
She submitted that Basri had raped an innocence woman who is disabled.
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Nureen further said the court have had a chance to assess the demeanour of the victim when she testified. Although she was a person with disabilities, she was able to explain the incident in great details.
She further submitted that the court has a duty to strike balance between public interest and that of the victim.
According to Nureen, the victim was a slow learner and must be protected from any further harm and exploitations.Stay up-to-date by following Daily Express’s Telegram channel.
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The prosecution had called seven witnesses while only one defence witness testified during the defence stage.
After completing his jail sentence, Basri was ordered to be referred to the Immigration Department.