KOTA KINABALU: The Sessions Court yesterday sentenced a former convict to four years’ jail for raping his teenage lover two months ago.
Judge Ismail Brahim convicted Mohd Nor Edyan Rahim, 26, after he admitted to raping his girlfriend, aged 15 years and eight months, at a lodging house in Bandaran Berjaya on August 5.
The offence was framed under Section 376 (1) of the Penal Code, which is punishable by a maximum jail of 20 years and also liable to whipping, upon conviction.
Deputy public prosecutor Nartiah F. Mirchelle Sambatan told the court that the complainant of the case is the mother of the rape victim who lodged a report against the accused.
Investigation revealed that on the night of August 4, the accused and the victim checked into a lodging house and had sex.
The complainant became aware of the incident after her daughter returned home and this prompted her to immediately lodge a report pursuant to which led to Mohd Nor’s arrest on the same day.
Sambatan said a medical examination of the victim revealed an old tear to her hymen.
In mitigation, the undefended accused who earned a living as a mechanic, urged the court to consider imposing a light sentence on him.
Sambatan who countered for a heavier sentence, submitted that the accused had a previous conviction for dishonestly receiving a stolen item and served a jail term of one year and 12 days.
The prosecution urged the court to take into account the offence being rampant, also applied for the accused to pay the prosecution’s cost of RM200.
Apart from that, Sambatan also made an application under Section 46 (1) of the Criminal Procedure Code (CPC) for the accused to pay a compensation of RM300 to the victim’s family.
In yesterday’s proceedings, the complainant, who is a 44-year-old housewife, came to court and tendered her impact statement under Section 183A of the CPC where she told the court that she and her daughter had suffered emotional distress and the victim’s study had also been disrupted by the incident.