SIBU: An elderly man was yesterday (April 12) sentenced to a total of 30 years’ imprisonment and 12 strokes of whippings by the Sessions Court for three charges of raping an underage girl.
The 60-year-old from a longhouse not far from here, pleaded guilty to the charges read by deputy public prosecutor (DPP) Heng Yi Min before Sessions Court Judge Marutin Pagan.
Judge Marutin convicted him of the offences as charged and sentenced him to 10 years’ jail and four strokes of rattan for each charge.
In the first charge, senior citizen was indicted for committing rape on the victim aged 13 years and five months, and who is a disabled card holder (slow learner) in November last year, between 1pm and 3pm at their longhouse.
For the second charge, he was accused of raping the victim at the same longhouse in December last year, at about 1pm to 3pm.
The man was also convicted for the third charge of committing rape on the victim at the same place, at another date in December last year, between 1pm and 3pm.
The offence is punishable under Section 376(2)(k) of the Penal Code and which provides for a jail term of not less than 10 years and not more than 30 years as well as liable to whipping upon conviction.
In outlining the brief fact of case, DPP Heng told the court that on Mar 27 this year at about 7pm, the complainant aged 30 who is the victim’s mother, noticed her daughter had lost appetite and was often vomiting.
Suspecting that the victim was pregnant, her mother requested her to do pregnancy test.
After doing the pregnancy test, the victim was confirmed pregnant. The victim then told that accused had raped her. Subsequently, the complainant lodged a police report.
On April 1, 2022, at about 1.30pm, at the Central Police Station compound here, a team of police led by Insp Nur Fatin Azwa placed the accused under arrest for further investigation.
Police investigation revealed that the complainant is the biological mother of the victim.
The last time the victim went to school was during standard six and she was no longer schooling because the complainant was worried about the victim’s condition.
Heng told the court that the victim is a disabled card holder. As a slow learner since 2016, the victim was registered by the Social Welfare Department.
The victim and the accused are neighbours in the same longhouse, and the scene of the crime was at the unit of the longhouse owned by the accused’s brother-in-law.
According to the victim she was raped once by the accused in November 2021 and twice in the following month (December 2021). She was able to recognise the accused.
According to the accused, the victim allegedly consented to have sexual intercourse with him.
Prior to sentencing, the man pleaded for leniency, saying he felt remorseful and that he was suffering from high blood pressure and diabetes.
He further told the court that he needed to consult a doctor and to take his medication at a local clinic.
In mitigation he also begged the court not to impose whipping on him in passing sentence.
In reply, Heng urged the court to pass a deterrent sentence as the court should act as the guardian of justice for the victim as a serious offence had been committed on her by the accused.
“This is a case whereby the accused had taken advantage of the victim from the perspective of her mental state and naivety.
“The victim is a minor aged 13 years and five months. Besides that, the victim is also a disabled person who is suffering from learning disorder.
“The accused being around 47 years older than the victim had abused trust of the victim and taken advantage of the trust in order to commit sexual intercourse with her,” he pointed out.
Heng added that this case involved public interest as well as the interest of victims who are children.
