KUCHING: An Algerian man was ordered to defend himself by the Sessions Court here on today’s (Aug 30) on charges of raping his biological daughter.
Judge Dayang Ellyn Narisa Abang Ahmad ruled this after finding that the prosecution succeeded in proving a prima facie case against the 50-year-old man.
The court set dates for self-defence on Oct 28 and Oct 31.
Based on the first, second, and third charges, the accused, who is a gym trainer, was charged under Section 376B (1) of the Penal Code for committing adultery by raping his own child—who is now 14 years old—at home.
He committed the offence at a house in Jalan Bentara Semariang, Petra Jaya, around 2012, 2014 and March 2019.
If convicted, he can be sentenced to prison for not fewer than 10 years and not more than 30 years and can be whipped.
As for the fifth charge, he was charged according to Section 14 (a) of the Sexual Offences Against Children Act 2017 for touching the victim’s private parts for sexual purposes.
The section involved provides for a prison sentence of not more than 20 years and also whipping, if convicted.
Meanwhile, the court ruled that the accused be released and acquitted for the fourth and sixth charges which are under Section 506 of the Penal Code and Section 376B (1) of the Penal Code.
According to the fourth charge, he was accused of making death threats against the victim at their residence around March 2019.
Meanwhile, the sixth charge was that he was accused of raping the victim at the same location in May 2020.
The court decided this after finding that the prosecution failed to prove a prima facie case against the accused.
It is understood that the accused is married to a local woman and resides in Sarawak.
In addition, the accused is accused of committing the act when the victim was only five years old in 2012.
The prosecution of the case was handled by deputy public prosecutor Danial Mohamad Ali while the accused was unrepresented.
