Apr 13 D-day for man over rape in lorry

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KOTA KINABALU: A local man charged with two counts of raping a disabled woman will know his fate on April 13 after the Sessions Court here fixed the date for decision, yesterday.

Judge Dean Wayne Daly made the decision on Borhan Laja Idaru who was charged with raping a 20-year-old woman with disabilities on March 5 and 6, 2011 at 5pm, in Kampung Tajau Laut and Kampung Kimihag, Kudat, both times in a lorry.

The charge is under Section 376 (1) of the Penal Code carries a maximum jail sentence of 20 years and whipping, upon conviction.

Earlier, Deputy Public Prosecutor Ahmad Nazneen Zulkifli said that the prosecution had appealed for a new date for the court to deliver its decision, as the accused’s counsel was in Sandakan.

Previously, the accused was discharged and acquitted by the Sessions Court for the same offence.

The High Court however had ordered the accused to be tried again for the same charge, after allowing appeal from the prosecution.

The accused is currently being remanded under Section 259 of the Criminal Procedure Code, while also serving a sentence for another offence.