Kota Kinabalu: A 39-year- old lorry driver was jailed 10 years and ordered to get a stroke of the cane for raping his underaged girlfriend.
Sessions Court Judge Noor Hafizah Mohd Salim imposed the sentence to Rezuan Hamjah after ruling that the prosecution had proven its case beyond reasonable doubt.
Rezuan was found guilty of raping the 14-year-old girl at 11pm on Dec 30, 2020 at a bedroom of a house in Kinarut, Papar.
He was convicted under Section 376(1) of the Penal Code carries a jail term of up to 20 years, and whipping, on conviction.
During mitigation, counsel Nabila Norsahar pleaded for leniency saying that her client was married with five children.
However, Deputy Public Prosecutor Dacia Jane Romanus urged the court to impose a deterrent sentence as it was a serious offence involving a minor.
Six prosecution and one defence witnesses were called during the hearing.
The court ordered Rezuan to serve the jail term from the date of conviction but granted the defence’s application for a stay of execution of the sentence pending appeal to the High Court.
In another court, a 23-year-old civil servant was freed from the charge of breaking into his girlfriend’s house.
Magistrate Ferhanshah Farene Mohd Firdaus discharged and acquitted Ramzie Roslan, after ruling that the prosecution had failed to prove its case beyond reasonable doubt.
Ramzie was accused of committing the offence at 3.30am on Jan 21, 2021 at the house in Taman Sempelang, Sembulan, here.
The prosecution had called six witnesses while the defence called two witnesses. Counsel Luke Ressa Balang defended Ramzie.
