KOTA KINABALU: A man was sentenced to three years’ jail by the Sessions Court here yesterday for raping his teenage lover six years ago.
Sessions Court judge Ismail Brahim meted the sentence on 25-year-old Jasli Rupaia after finding him guilty under Section 376 (1) of the Penal Code, which is punishable with imprisonment for a term which may extend to 20 years, and shall also be liable to whipping upon conviction.
In his reserved verdict, the trial judge held that the prosecution had succeeded in establishing a case beyond reasonable doubt against the accused who was first charged in court on November 6, 2012.
The accused had committed the offence on his 14-year-old girlfriend in a paddy field hut in a village in Keningau on June 13, 2009.
Earlier during mitigation, counsel Peter Allion for the accused, implored the court to impose a reformative sentence on his client, having regard to the extenuating circumstances under which the offence was committed and brought to the attention of the police.
Peter told the court that his client has to provide for a wife who is now four months’ pregnant in addition to his mother and father, who is a registered handicapped, with a meagre monthly income of RM800.
Furthermore, Peter asked the court to consider the fact that his client had been detained for two weeks and interrogated by the police, apart from the fact that this case happened in 2009 when his client was only 19 years old.
Moreover, although it is true that public interest demands a deterrent sentence on any person who commits a serious offence, it is also equally true that each case should be dealt with according to its individual merits, added Peter.
In reply, deputy public prosecutor (DPP) Luke Ressa Balang, who stood in for DPP Nartiah F. Mirchelle Sambatan, contended that a deterrent sentence should be imposed, given the gravity of the offence committed by the accused, whereby the victim was a minor and this was a statutory rape case.
Luke also prayed for the court to consider public interest and the rampancy of such cases in the State. In addition, added Luke, the accused in not pleading guilty and claiming trial shows that he was not remorseful of his act and had also wasted the court’s time as this case happened in 2009.
Meanwhile, the High Court here adjourned to September 30 this year to decide on the case of Lai Yam Huat, 28, and Voon Ai Lin, 26, both of whom were charged with trafficking in 7,537 grams of ketamine.
Judge Ravinthran Paramaguru put off his judgement on the two accused persons at the request of counsel Ram Singh, who informed the court that his co-counsel, Ramkarpal Singh, was not well.
The two accused persons were charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952 after they were apprehended by police at Terminal One of the Kota Kinabalu International Airport here about 7 pm on December 9, 2011.