LAHAD DATU: A foreigner was sentenced to 15 years behind bars and ordered to be given 12 strokes of the cane by the Sessions Court here on Wednesday for raping his 11-year-old step-niece.
Judge Zaini Fishir@Fisal imposed the sentence on the 24-year-old man after he pleaded guilty to committing the offence on April 2, 2021 at an unnumbered house in Kampung Sarif.
The unemployed man was charged under Section 376(2) of the Penal Code which carries a jail term of up to 30 years and whipping, upon conviction.
During prosecution, the Court was told that the victim, who had lost her mother while her father’s whereabouts were unknown, was handed over by the Village Head to their neighbour on April 8, 2021. She was often beaten by the accused.
The neighbour who is also the complainant said that they often heard the victim crying after being hit by the accused without reason.
The victim also told the complainant that she was often hit by the accused and left the house.
Result of police investigation discovered that the victim was also raped by the accused once at the living room of an unnumbered house in Kampung Sarif.
The victim was sent to the hospital for an examination and signs of sexual intercourse were determined.
In passing sentence, Zaini ordered the accused to serve the sentence from the date of his arrest and ordered him to be referred to the Immigration Department after serving his sentence.
Deputy Public Prosecutor, Lim Sze Chuan conducted the prosecution.