Kota Kinabalu: A 40-year-old man who committed physical sexual harassment against his niece was jailed five years and ordered to get a stroke of the cane.
Sessions Court Judge Elsie Primus meted out the sentence to the man who changed his plea and admitted to the charge against him during the first day of his trial on Thursday.
The man had committed the offence against the nine-yea-old girl by holding her private part in January 2022 at a living room of a house in Pitas.
The offence under Section 14(d) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.
The court ordered the man to serve the jail sentence from the date of his arrest on Sept 23, 2022.
He was also ordered to undergo rehabilitative counselling while under custody as well as to be placed under police supervision for two years after completing his jail sentence.
During mitigation, counsel Mohd Al Hafidz Mohd Lokman, who defended the man on pro-bono basis, asked for leniency, saying that the man had pleaded guilty and that he regretted his wrongdoing.
Mohd Al Hafidz also told the court that the man has vision problem.
However, Deputy Public Prosecutor Tham Pou Jin urged the court to impose a heavier sentence due to rampancy of such offence and public interest.
The court heard that the incident came to light when the victim revealed to her teacher that his uncle had committed sexual harassment against her several times.
The victim informed the teacher that her uncle had touched her private part as well as put his private part on her.
According to the victim, she was fearful as the man threatened to do something to her if she tell others about the incident.
The incident caused the victim to fear returning to her house and when referred to the hospital, the victim was in emotionally unstable.
Following a police report by her mother, the man was arrested.
