Longer jail for raping cousin, fathering baby
by Kelimen Sawatan. Posted on September 21, 2012, Friday
KOTA KINABALU: The High Court here yesterday enhanced a local youth’s jail sentence from two years to five years for raping his teenage second cousin and fathering a baby girl with her.
Justice Dato’ Abdul Rahman Sebli also ordered the 20-year-old respondent to be caned thrice and placed under police supervision for two years after serving the sentence.
He gave the order after allowing the prosecution’s appeal against the original sentence of two years’ jail imposed by the Kudat Sessions Court on the respondent in February this year.
Abdul Rahman held that the sentence imposed on the respondent was grossly inadequate and was not in the public interest as in this case the respondent had threatened to kill the victim after the rape, and she also gave birth as the result of the respondent’s act.
He pointed out that rape against young girls is a prevalent offence and the court must bear this in mind when passing sentence.
“The sentence provided by the law in this particular case is imprisonment of up to 20 years and the offender is also liable to whipping.
“In the circumstances, the two years’ imprisonment imposed by the learned Sessions Court judge on the respondent shall be enhanced to five years and the respondent shall also be whipped three times.
“Pursuant to Section 295 (1A) of the Criminal Procedure Code, I also direct that the respondent to be subjected to police supervision for a period of two years commencing immediately after the expiration of his imprisonment sentence,” he said.
The Sessions Court had on Feb 23 this year sentenced the respondent to two years’ jail after he pleaded guilty to raping the girl, who was then 16 years old, at an unnumbered house in a village in Kudat about 10.30am on Oct 16, 2010.
He was convicted under Section 375(b) of the Penal Code, which provides for a jail term of up to 20 years and whipping.
Earlier, deputy public prosecutor Uma Devi Subramaniam, in applying for the original sentence to be enhanced, told the court that the respondent had threatened to kill the victim if she revealed the rape incident to anyone.
She also applied for whipping to be imposed on the grounds that the respondent was a married man and the victim was suffering from fever when the respondent raped her.
Uma Devi further submitted that as a result of the respondent’s act, the victim became pregnant and gave birth.
She also applied for the respondent to be placed under police supervision for a period of one to two years as provided under Section 295 (1A) of the Criminal Procedure Code.
The respondent, who was unrepresented, claimed that no force was used in the incident as it was consensual sex and urged his two years’ jail sentence to be maintained.