KOTA KINABALU: A local rubber tapper, who raped and molested his niece, was sentenced to a total of 12 years’ jail and ordered to be whipped thrice by the Sessions Court yesterday.
Judge Caroline Bee Majanil found the 43-year-old uncle guilty of the two charges and ruled that the defence had failed to cast reasonable doubt on the prosecution’s case.
The court granted the accused person’s application for a stay of execution pending his appeal to the High Court.
His earlier bail of RM10,000 deposited with RM7,000 with two local sureties was extended, pending disposal of his case.
On the first count, the accused was jailed for nine years and ordered to be given three strokes of the cane for raping a 15-year-old girl inside a car near a bridge in a village in Beaufort in February this, 2011.
He was convicted under Section 376 (2) (d) of the Penal Code which carries a maximum 30 years’ jail and whipping upon conviction.
On the second charge of caressing his niece’s breasts at the same place in February, 2011, the accused was handed down with another three years’ imprisonment.
The offence was framed under Section 354 of the Penal Code which carries a jail term of up to 10 years, or with a fine, or with whipping, upon conviction.
Majanil ordered the accused, who hails from Beaufort, to serve his jail terms concurrently.
Prosecuting officer Assistant Superintendent Sabrina Jinius had called eight witnesses to testify against the accused while the defence called two witnesses, including the accused himself.
Counsels Yusri Pungut and Rizwandean Bukhari Borhan acted for the accused, while deputy public prosecutor Afzan Abd Kahar prosecuted.