Local jailed for outraging modesty of daughter

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TAWAU: A 57-year-old local man was sentenced to a total of 23 months’ jail by a Magistrate’s Court here yesterday for two counts of outraging the modesty of his 20-year-old daughter.

Magistrate Edward Paul meted out the sentence on the accused who pleaded guilty to a charge under Section 354 of the Penal Code which upon conviction shall be punished with imprisonment for a term which may extend to ten years, or with fine or whipping, or any two of such punishments.

For the first count, the accused was sentenced to nine months’ imprisonment from the date of arrest for using criminal force to outrage the modesty of the victim in a house at Kampung Air, Mile 4 Apas, about midnight on July 4 this year.

For the second count, the accused was sentenced to 14 months’ imprisonment for committing a similar offence on the same victim at the same place about midnight on August 26 this year.

Edward ordered the sentences to run concurrently.

Prosecuting officer Inspector Joan Lee told the court that the victim is the fourth child of the accused who has seven children.

According to the victim, she could remember the accused committing the act since she was 14 years old.

On July 4 at about 11pm, the accused returned from work and went to sleep at 11.40pm. She woke up and saw her father inside the room which was bright as the lights were on. The accused was seated beside her bed and was massaging her and pressing her hands.

The victim was scared with the action and asked “kenapa” (why). The accused answered he wanted to borrow the victim’s cellular phone. He stepped out of the room after she handed her phone to him.

On August 26, the victim was sleeping with her 18-year-old sister. At midnight the accused entered the room and unzipped the victim’s pants. He sat on top of her and pressed both her legs before outraging her modesty.

When the accused realized his daughter was awake, he pretended to ask for her cellular phone and wanted to borrow it because he wanted to go to Semporna. She handed her the phone and the accused left the room.

The victim then left the room and found her elder sister who was watching television in the living room and revealed what had happened. After discussing with their uncle, they decided to make a police report.

The accused was detained at 2.19pm on September 3, the same day the report was made. The victim was sent for medical check-up and doctor confirmed she was not raped.