Youth charged with raping 3-year-old sister, cousin

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KOTA KINABALU: A 20-year-old youth was charged with raping his toddler sister and cousin, both three years old, at the Sessions Court here yesterday.

The unemployed youth denied both charges when it was read out to him before judge Elsie Primus in the open court.

On the first charge, he was alleged to have raped his three-year-old sister, which is an offence under Section 376 (3) of the Penal Code.

The charge carries a jail term of between eight to 30 years and whipping of not less than 10 strokes, upon conviction.

On the second charge, he was alleged to have raped his three-year-old cousin, an offence under Section 376 (2)(e) of the Penal Code.

The indictment carries a jail term of between 10 to 30 years and also liable to whipping, upon conviction.

The offences were allegedly committed at a village house in Kota Marudu between 2010 and 2017.

During the proceedings, deputy public prosecutor (DPP) Mas Izzaty Lokman objected to bail as the alleged victims were related to the accused.

However, counsel Datuk Maijol Mahap, who represented the accused, pleaded for bail to be granted on the grounds that the accused is a local whose parents were willing to be the sureties.

The victims, moreover, have been placed under protection at a shelter home. A representation letter to the DPP office will be made, Maijol added.

Mas Izzaty, in reply, emphasized that parties involved in the case are family members, which posed the risk of the prosecution witnesses being tampered.
However, in the event the court deigns to grant bail, she proposed bail to be set at RM15,000 for each charge.

The accused’s parents, who were present at the court, was asked by the court about being sureties and they confirmed their willingness to be the sureties.

The accused was then granted bail of RM15,000 with RM10,000 deposited for each charge in two local sureties of which one of the bailors must be the parent.

Additional conditions imposed by the court were for the accused to report to Kota Marudu police station once a month and to not tamper with the prosecution witnesses. If any of the conditions is breached, the bail will be revoked forthwith.

The court fixed October 31 this year for pre-trial case management.