KOTA KINABALU: A local farmer was jailed a total of five years by the Sessions Court after he was convicted of three charges of raping his underage girlfriend.
Judge Ismail Brahim yesterday handed down the sentence to Alexander Anak Layau, 23, after he changed his plea of not guilty to one of guilty when trial resumed.
Seven witnesses were already called to testify against the accused and the prosecution was supposed to have called the last witness, who was the investigating officer of the case.
The court sentenced Alexander to two years’ jail for raping the girl, who was then 11 years old, at a house in Langkon, Kota Marudu at 8am on December 3, 2011.
The accused was given another two years’ jail for raping the same girl, two days later, at the same place and time.
For the third charge of raping the primary school girl at an unnumbered house in Kampung Bintasan Darat, Kota Marudu about 3am on January 13, this year, Layau was jailed for one year.
Each of the charges framed under Section 375 (g) of the Penal Code, read together with Section 376 (1) of the same Code, provides for a jail term of 20 years and also liable to whipping, upon conviction.
The court ordered Layau to serve the custodial sentences consecutively effective from January 28, this year, being the date he was arrested.
When pleading for leniency, the unrepresented Layau promised he would not commit a similar offence in the future and he has to support his siblings.
He also applied for his jail terms to run concurrently from the date of his arrest.
Deputy public prosecutor Nartiah F. Mirchelle Sambatan however urged the court to impose a deterrent sentence on the accused as he had committed a serious offence.
She submitted that the accused had only pleaded guilty after seven witnesses had been called to testify against him.
In passing sentence, Ismail held that although the rape victim was the accused person’s girlfriend, it was still an offence to have sexual intercourse with her as she was, under the law, a minor.
In another case, Ismail reserved July 23, this year to deliver his ruling on the case of Martin Musa, 20, who was charged and tried for raping a 12-year-old girl.
The accused was alleged to have raped the girl inside a room of a worker’s house in Beaufort about 2.30am on October 3, 2011.
The trial started on February 13, this year with the prosecution having produced 10 witnesses before closing its case.
The accused, who was tried under Section 375 (g)/376 (1) of the Penal Code, was represented by counsel Datuk Norbert Chin.