KOTA KINABALU: A man with two wives, was jailed for 12 years and ordered to be given 10 strokes of the cane by the Sessions Court here for raping his teenage sister since she was 12 years old.
Judge Noor Hafizah Mohd Salim imposed the sentence on the 24-year-old accused after he maintained his plea of guilty to a charge under Section 376 (3) of the Penal Code, when the case came up for sentencing on Monday.
The indictment provides for a jail term of up to 30 years and whipping, upon conviction.
The accused admitted to raping his biological sister aged 13-year-and-four-month-old at a house in Tuaran during midnight in early January, 2020.
The court ordered the accused to serve his jail term from the date of his arrest on June 5.
The facts of the case stated that the victim had confided the incident to her sisters and one of them suggested lodging a police report against the accused.
Investigation revealed that the last time the accused raped the victim was in early January 2020 and he had also threatened to injure her if she revealed the incident to other people.
In mitigation, the accused, who was represented by counsel Farazwin Haxdy, prayed for a lower jail term and urged the court not to impose whipping sentence.
The counsel submitted that the accused has two wives and his younger child is aged one.
Farazwin also said that the accused, who was a first-time offender, was remorseful with what he had done and asked for forgiveness for his mistake.
In reply, the prosecution pressed for a heavier sentence, saying that the accused as a biological brother should have protected his minor sister.
The prosecution further submitted that the accused had committed a very serious offence and the rape had taken place since the victim was aged 12, which a deterrence would serve as a lesson to the accused not to repeat a similar offence in future.