KOTA KINABALU: The Sessions Court here yesterday sentenced a 26-year-old local to 20 months imprisonment for raping a girl.
Sessions Court judge Indra Ayub passed the sentence on Mohd Alnye Syah Ardon after he found the accused guilty as charged.
During mitigation, counsel Saban Sawayan, for Mohd Alnye, urged the court to consider the length of time his client had been in remand since June, 2013, besides the fact that his client had been in prison for a year and eight months. The defence is, therefore, requesting for his release after conviction.
Saban said further that the court should not impose whipping on the grounds that the victim had consented to have sex with Mohd Alnye.
Deputy public prosecutor, Aida Fatimah, meanwhile, stated that the victim, who is 14 years of age, had been taken advantage of by the accused, who raped her.
“In this case, consent is not an issue since the victim is underaged,” Aida argued, adding that if consent was taken by the court as a mitigating factor, then it clearly defeats Parliament’s intention when making the provision in the section.
She then highlighted that public interest should be placed above the interest of the accused due to the rampancy of the crime committed against young girls, either with consent or not. She further argued that this would result in men outside taking advantage of young girls.
“The offence is very grave and serious. Thus it is the court’s duty to prevent this crime from being committed by either lovers or outsiders. This court’s role is to be the medium for society to express its denunciation of wrong doing, and it is essential that the punishment inflicted should adequately reflect the revulsion felt by society,” Aida said.
Saban, in reply, stated that during the commission of the crime, his client was 23 years of age, and a first time offender.
“He has a wife, with three children, aged seven, six and four respectively,” said Saban, while adding that during the trial, it was revealed that the victim had had sex with four others, one of whom was her own cousin.
He added that this factor should be considered, so that a proportionate punishment could be imposed reflecting on the behaviour of the victim.
This prompted Aida to respond that there was no sign of remorse from the accused who still put the blame on the victim.
Mohd Alnye Syah Ardon had raped the girl at an unnumbered house at a village in Kota Belud on June 8, 2013 at 11 am.
Statutory rape is punishable with a maximum jail term of 20 years, along with whipping, upon conviction, as stated in Section 376 (1) of the Penal Code.
Mohd Alnye was released on bail on October 22, 2013, though a warrant of arrest was issued against him on April 21, last year. He has been detained since May 2, last year.