Kota Kinabalu: A 45-year-old who was charged with three counts of sexual offences against his stepdaughter in Labuan two years ago, will go on trial on Sept 21-22.
Sessions Court Judge Egusra Ali set the date for the man on Tuesday during pre-trial case management of his case.
The man was accused of raping the girl (then 16 years old); taking pictures of her private parts and keeping them on his handphone; and committing physical sexual assault on her.
He allegedly committed the first offence at 7am on April 20, 2020 in a bedroom of a house in a residential area in Labuan, while the second and third count at 6.30am on the same day.
The first count, framed under Section 376(3) of the Penal Code, carries a jail term of between five years and 30 years and whipping not less than 10 times.
The second count, under Section 5 of the Sexual Offences Against Children Act 2017, carries a jail term of up to 30 years and whipping not less than six times.
The third count, under Section 14(a) of the Sexual Offences Against Children Act 2017, is read with Section 16(1) of the same Act because he was in a relationship of trust with the child as her stepfather.
Section 14(a) of the Act carries a jail term of up to 20 years and liability of a fine on conviction, while Section 16(1) of the same Act provides for a jail term of up to five years and whipping of not less than two strokes of the cane, if convicted.
According to Deputy Public Prosecutor Suriyati Jumain, the prosecution would be calling 16 witnesses in the trial.
Meanwhile, a 48-year-old who was charged with committing a sexual offence against a six-year-old girl, who was his relative, will be tried on Aug 15-16 this year.
The court set the trial date to be heard in Labuan. The accused allegedly committed the offence by inserting his finger into the girl’s private part at 10am in September 2018 at a house in a village in Labuan.
Unrepresented, the man was charged under Section 14(a) of the Sexual Offences against Children Act 2017 read with Section 16(1) of the same Act. Both accused were ordered to be remanded further.
