Raping own daughter -Kota kinabalu


Raping own daughter: Crane operator jailed, caned

17th January, 2012

KOTA KINABALU: A crane operator received 15 years’ jail and ordered to be whipped 12 strokes of the cane for raping his daughter.

Sessions Judge Caroline Bee Majanil handed down the sentence after the 46-year-old man changed his plea when the case was up for trial yesterday.

The father had raped the 17-year-old daughter at a house in a village in Menggatal, middle of Feb last year.

The offence is framed under Section 375 of the Penal Code and punishable under Section 376 (3) of the same Code which provides for a jail term not less than eight years and not more than 30 years and whipping.

The accused was first charged on July 27, last year after he denied the crime. The court then ordered the accused to be remanded under Section 259 of the Criminal Procedure Code pending disposal of the case.

Based on the facts, the victim’s mother lodged a police report on July 12, last year stating that her husband had raped their daughter.

Upon information, the accused was detained on the same day at a restaurant in Jalan Sulaman, Menggatal. The investigation shows that the accused had returned home for lunch and at that time the victim was alone at home. After lunch both of them had a chit chat at the living room.

The accused then entered his room and later called the victim. When the victim entered the room her father asked her to take off her pants. The victim refused but was forced by him before she was raped. After the incident the victim ran away from home but returned after the accused and her family found her.

The victim kept the incident to herself until Sept 2010 when she related the incident to her aunt.

The victim also did not lodge a police report as she was worried about her siblings’ future as well as her family.

In mitigation, the accused pleaded leniency to the court as he was remorseful for his action and promised to change and become a responsible father.

He also told the court that he was worried about the future of his two young children and that he has a mother to look after.

However, DPP Afzan Abd Kahar urged the court to impose a deterrent sentence as the accused had committed a serious offence.

Afzan said that as a biological father, the accused should protect his daughter and not raped her. She also told the court that the victim was only 15 years and six months when the crime took place.



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