Kota Kinabalu: A 21-year-old gardener who committed sexual physical harassment against his employer’s daughter, was jailed four years and ordered to get a stroke of the cane.
Sessions Court Judge Elsie Primus meted out the sentence to Usdien sipin who pleaded guilty to the charge against him on Thursday.
Usdien had committed the offence against the 13-year-old girl by inserting his finger into the girl’s private part at noon on Aug 7 this year at a bedroom of a house in Inanam.
The offence was under Section 14 (a) of the Sexual Offences Against Children Act 2017 carries a jail term of up to 20 years, and whipping, upon conviction.
The court also ordered Usdien to undergo counseling while serving the sentence and to be placed under police supervision for three years after his release.
During mitigation, Usdien asked for leniency saying that he came from a very rural area in Keningau.
He also told the court that he only study until Standard Six.
However, Deputy Public Prosecutor Sofia S. Sawayan urged the court to impose a deterrent sentence on the grounds that it was a serious offence.
The court heard that Usdien was working at the victim’s house and on the said day, he entered the victim’s room and committed the sexual harassment.
The girl then revealed the incident to his mother who then informed the matter to her husband.
The victim’s father then brought the victim to the hospital and the medical report stated that there was tear on her hymen.
Following a police report, Usdien was arrested.
