KOTA KINABALU: The Sessions Court here yesterday sentenced a man to 15 years in prison for the rape of his sister.
Judge Ainul Shahrin Mohamad further ordered the 23-year-old to be given six strokes of the cane for the offence which he committed in January, 2012 in a house in Penampang.
The offence, under Section 376A of the Penal Code, punishable under Section376B of the Penal Code, carries a maximum 20-year prison term and whipping.
The facts of the case stated that the victim was seven months pregnant when the complainant, who is their grandfather, filed a police report against him (the accused).
Blood samples taken from the accused, the victim and the baby as well as other biological samples have proven that both the accused and his sister are the biological parents of the child.
In mitigation, the accused requested for a lighter sentence, telling the judge that he had a family to care for.
However, deputy public prosecutor Dominic Chew Ban Huat advised the court to mete out a deterrent sentence as it was a serious offence, taking into consideration the permanent trauma which was being suffered by the victim.
Dominic also highlighted that the victim was suffering hardship as a single mother, and said the accused, who is the elder brother of the victim, should not have committed the offence, and he should have set a good example, being the eldest.
The sentence, Dominic further added, would teach the offender a lesson and prevent others from committing a similar offence, while stating that public interest should be taken into consideration in the sentencing of the accused.