Kota Kinabalu: A 27-year-old carwash worker was sentenced to nine years in prison and three strokes of the cane for raping an underaged girl who then gave birth to a baby girl as a result from the rape.
Sessions Court Judge Elsie Primus meted out the sentence to Khairul Nizam Pilok who was found guilty of raping the girl on Wednesday.
The court ruled that the prosecution had proven its case beyond reasonable doubt against Khairul.
Khairul was convicted of raping the 14-years and two-months-old girl between 10pm on May 5, 2023 and 5am on May 6, 2023 in the bedroom of a house in Sipitang.
The offence under Section 376(1) of the Penal Code carries a jail term of up to 20 years and whipping, on conviction.
Khairul was ordered to serve the jail sentence from the date of conviction on Wednesday.
In mitigation, Khairul who was not represented, asked for leniency saying that he was remorseful.
He claimed that it was a consensual sex as the victim came to him.
Deputy Public Prosecutor Nurul Shafeerah Mad Iskim urged the court to impose the heaviest sentence on Kahirul considering that he had wasted the court’s time as the trial had been ongoing for some time.
She added that the witnesses brought forward by Kahirul did not have any relevance to the case and further delayed the trial.
Nurul also submitted that it should be noted by this Honourable Court that the victim was pregnant and had given birth to the child.
“Khairul’s act had caused this child to be raised without her biological father. Though Khairul had sought for an apology from the victim, the trauma will forever remain as a dark chapter in the victim’s life.
“A heavy punishment would also act as a deterrent because the prosecution submits that victim especially children must at all costs be protected by the Law against any offence especially sexual offence,” she said.
The prosecution had called four witnesses and only two defence had testified during the hearing.
