Kota Kinabalu: A 31-year-old who tried to rape his 18-year-old sister was on Thursday sent to prison for 10 years and ordered to be given 10 strokes of the cane.
Sessions Court judge Ummu Kalthom Abdul Samad meted out the sentence to the man after ruling that the prosecution had proven its case beyond reasonable doubt against the accused and found him guilty of the charge.
In the ruling, the court, among others, held that the man failed to cast reasonable doubt against the prosecution’s case and that his testimony was merely denial.
The man was convicted of attempting to rape the sister in a bedroom of a house in Inanam at 6.20am on Sept 4, 2019.
The offence, under Section 376(3) of the Penal Code and read with Section 511 of the same Code, provides for jail of between eight and 30 years, and whipping, on conviction.
During mitigation, the man who was not represented asked for the number of whippings to be enhanced but the custodial sentence imposed on him should be lower.
He told the court that he had an elderly mother to look after.
However, Deputy Public Prosecutor Fauzi Acho urged the court to impose a heavier sentence on the grounds that it was a serious offence as the man had tried to rape his own sister who was 18 years old at the time.
Fauzi submitted that as a brother and the only man who lived in the house, he should protect his sister instead of harming her.
He added that a heavy punishment could deter others from committing similar offence in the future.
Six witnesses were called by the prosecution while the man was the sole witness during his defence.
