KOTA KINABALU: A father of two who raped his 10-year-old daughter and was branded a “sexual predator” by the prosecution has been jailed for 25 years and given 15 strokes of the cane.
The accused, a 30-year-old local, pleaded guilty when produced before judge Ainul Shahrin Mohammad to the offence which he committed at the premises of a rubber plantation in Bongawan on Ocotber 6 this year between 8am and 3pm.
In passing the sentence, Ainul Shahrin held that the accused who was jailed in 2010 for a molestation, still committed an atrocious offence by raping his own daughter.
The undefended accused was charged under Section 376(3) of the Penal Code which carries a maximum 30 years’ jail term and not less than 10 strokes of the cane.
According to the facts of the case, on October 8, this year, a police report was lodged by a Village Security and Development Committee chairman, stating that one of the students from the a primary school claimed to have been raped by her father.
At the time of the incident, investigators discovered that the mother of the victim had run away to Keningau due to the actions of her hot-tempered husband.
Police investigations showed that the accused had brought both his nine-year-old son and the victim to the rubber plantation.
The three of them had decided to rest in a hut as it started raining heavily and the accused had ordered his son to fetch a pail which was located a distance away once the rain had stopped.
It was after the son had left that the accused raped his daughter.
The victim was brought to the Likas Hospital for a medical examination and it was discovered that there had been recent scars in her private parts, consistent with rape.
She did not tell others of what her father had done to her as she was afraid that he would physically and verbally abuse her, forcing her to only tell members of her school.
In mitigation, the accused, who was regretful and somber pleaded for a light sentence as he had to take care of his family, adding that his wife, who was unemployed, had just come out of an operation and that he had a four-month-old baby to care for.
However, deputy public prosecutor (DPP) Ahmad Nazneen Zulkifli assisted by DPP Aida Fatimah, said it was the responsibility of the father to protect his daughter, not take advantage of her, a girl who could not defend herself against him as she is so young.
“I urge the court to imagine the humiliation, anger and trauma that this 10-year-old will face, not mentioning that the predator in this case is her own flesh and blood,” said Ahmad Nazneen.
He contended that public interest should outweigh the interest of the accused as this was a crime that was not only heinous, but looked down on by the public.
“I contest, that the court, in meting out the sentence, mete out a fair and just sentence,” said Ahmad Nazneen, adding that it would not only educate the accused, but would also serve as a deterrent to any would-be offender.
In addition, Ahmad Nazneen reckoned that the court to take judicial notice that such a case was rampant in our society, especially in Sabah, and the public looks at the court as the “corner-stone of justice” to protect the safety and the interest of the community
Any lower sentence, he said, would only break the hopes of the public, before urging the court to impose a deterrent sentence.
Ahmad Nazneen added that in December 29, 2010, the accused had been imprisoned for five months by the Magistrate’s Court in Papar for molesting.