KOTA KINABALU (May 13): A farmer was jailed for 20 years and ordered to be given six strokes of the cane by the Sessions Court here on Friday for raping his 10-year-old grandniece.
Judge Elsie Primus imposed the sentence on the 52-year-old man after finding him guilty under Section 376 (2) of the Penal Code.
The charge carries a jail term of up to 30 years and whipping, upon conviction.
In her reserved decision, the judge held that the defence had failed to cast doubt on the prosecution’s case.
The accused was also ordered to be placed under police supervision for two years after completing his jail sentence.
He was convicted of raping the minor at a rented room of an unnumbered house in Kota Belud in 2018.
In mitigation, counsel Saban Sawayan, who represented the accused, urged the court to impose a minimum jail term on his client and requested for the accused, who has six kids, to be spared from whipping due to his age.
The counsel also submitted that this was his client’s first offence and he is currently not well.
In reply, the prosecution pressed for a deterrent sentence, including whipping punishment, saying that this was a serious offence.
The prosecution recapped the victim’s testimony during trial where she had given evidence that the accused went to the house to watch television and at the same time had taken advantage of her.
The prosecution had produced five witnesses to testify against the accused and the defence had two witnesses, including the accused.