SIBU: A 37-year-old man was sentenced to three years behind bars and given three strokes of the rotan by the Sessions Court here for a sexual offence.
Sessions Court judge Marutin Pagan convicted Osman Abu Bakar on Wednesday (Feb 1) after he pleaded no contest to the charge.
In addition, Judge Marutin ordered the accused to attend counselling while serving his sentence and be placed under police supervision for one year after serving time.
The charge against Osman stated that he had—for sexual purposes—touched part of the victim’s body, to wit, touching her breasts and having a relationship of trust with the victim as her cousin.
The offence, which took place in a house at Kampung Hilir on Jan 10 at about 8am, is punishable under Section 14(a) Sexual Offences Against Children Act (SOACA) 2017 read with Section 16(1) of the same Act.
Upon conviction, the Act provides for an imprisonment term of up to 20 years as well as liable to whipping.
During the proceedings, deputy public prosecutor (DPP) Rex Heng Yi Min told the court that on that day, while the victim (complainant) was in her aunt’s bedroom, her cousin (the accused) entered the room and asking about his mother’s belongings.
Soon after that, the accused was lying on the complainant’s back before touching her breasts.
The complainant then shouted and the accused immediately got up from the bed.
Before leaving the room, the accused told her not to tell anyone. After that, the complainant left the house and informed her father about the matter.
Both the complainant and her father then proceeded to the police station to lodge a report for further action.
The accused was arrested at about 9.50pm on the same day.
DPP Heng further told the court that based on investigation outcome, the complainant, who is a victim, is a child aged 14 years and 11 months.
At the time of incident, the complainant was lying on the bed in her aunt’s room alone.
The accused had came into the room and laid behind the complainant and then touched her breasts.
“Based on the witness statement, the accused committed an offence punishable under Section 14 (a) SOACA 2017 read with the Section 16(1) of the same Act,” DPP Heng concluded.
Osman, who was unrepresented by legal counsel, was ordered to serve the sentence from the date of his arrest.
