Rapist’s jail term enhanced to 17 years

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KOTA KINABALU: The High Court here yesterday enhanced a local man’s jail of 14 years to 17 years for raping his own daughter three years ago.

Chief Justice for Sabah and Sarawak Tan Sri Richard Malanjum who sat as a High Court judge allowed an appeal by the prosecution to have the sentence of the 52-year-old respondent increased.

In his decision, Malanjum held that the imprisonment was grossly inadequate as he also took into consideration the range of the sentence given by the prosecution.

“The father had raped his own daughter and from the evidence of the victim there were elements of force and fear to the mother and the victim,” Malanjum ruled.

“The term of imprisonment should be enhanced,” he said, in enhancing it to 17 years’ jail but the 10 strokes of the rattan remained.

On Oct 17, 2012, the subordinate court sentenced the respondent to 17 years’ jail and 10 whippings after he was found guilty of raping his 16-year-old daughter at a house in Sook on Oct 21, 2011. He was convicted under Section 376 (3) of the Penal Code which carries a jail term of up to 30 years and also liable to a fine, upon conviction.

In a separate case, the same court affirmed a self-employed local man’s acquittal of a charge of raping a 24-year-old woman.

Malanjum dismissed the prosecution’s appeal against Ag Abbas Osman @ Suman who was freed by the lower court on Dec 17, 2012.

The Sessions Court here acquitted and discharged Ag Abbas, 46, after she ruled that the prosecution had failed to establish a prima facie case against the respondent.

The indictment came under Section 376 (1) of the Penal Code which provides for a maximum jail of 20 years and also liable to whipping, upon conviction.

Ag Abbas who was defended by counsel Safrin Saleh Nain was alleged to have raped the woman at an unnumbered house in a village in Papar between Sept and Dec, 2009.

Deputy public prosecutor Uma Devi Balasubramaniam prosecuted.