Kong being led from the court after sentencing.
SIBU: A 25-year-old man and his 14-year-old brother pleaded guilty in separate courts here yesterday to raping an underage girl in June this year.
Sessions Court Judge Caroline Bee Majanil sentenced Kong Ming Hua to 12 years in jail and ordered him to be given two strokes of the cane, for raping the 16-year-old girl who has intellectual disabilities.
Kong’s younger brother meanwhile appeared in the Court for Children before Judge Muhammad Faizal Che Saad, who allowed the minor to be released on bail of RM4,000 with the boy’s father as surety, pending a probation report from the Welfare Department.
The judge also ordered the teenager not to approach the victim and to report himself at the nearest police station on the first day of every month until the disposal of the case.
The brothers were charged under Section 376(2)(k) of the Penal Code which provides for an imprisonment term of not less than 10 years and not more than 30 years, and whipping.
Based on the facts of the case, the victim from Jalan Stabau here was brought by her aunt to a clinic at Jalan Salim on Dec 5 for a checkup and was found to be six months pregnant.
Acting on a report lodged, police arrested Kong at the family’s home in Jalan Stabau about 1am on Dec 10, followed by his younger brother at 1.45am at nearby Jalan Kampung Nyabor.
An investigation revealed that Kong had raped the girl in June at the victim’s house while his sibling committed the same offence near a river at the back of the victim’s house.
Police also found out that the victim and the duo, who are neighbours, knew each other and that the brothers often visited the girl’s house.
In mitigation, Kong pleaded to the court for a lenient sentence and to be spared from caning, saying he was remorseful for what he had done.
However, DPP Mohamad Arif Aizuddin Masrom urged the court to pass a deterrent sentence to reflect the seriousness of the crime which was committed against a disabled minor.