24.02.2012
The Sessions Court here yesterday jailed a local youth for two years for raping his niece, which resulted in her giving birth to a baby girl.
Judge Caroline Bee Majanil meted out the custodial sentence on the 19-year-old unemployed youth after his probation report from the Welfare Department was tendered in court when the case came up for sentencing yesterday.
The accused admitted on Jan 19 this year to raping the 16-year-old girl in a house in Kudat at 10.30am on Oct 16, 2010.
He was charged under Section 376 (3) of the Penal Code which provides for a jail term of up to 30 years and whipping on conviction.
In pleading for leniency, counsel Hibin Masalin, who acted for the accused, informed the court that the latter was still young and had to look after his parents and his family including his child.
Prosecuting officer ASP Sabrina Jinius, however, pressed for a heavy sentence as the accused had committed a serious offence.
In this case, she pointed out, the accused raped his own niece who delivered a baby as a result of the incident.
Sabrina urged the court to take into consideration the public interest and the seriousness of the offence before passing sentence.
She said that a deterrent sentence would deter the accused and other would-be offenders from committing a similar offence in future.
The accused had initially claimed trial to the charge with the prosecution already having called two witnesses when the trial commenced in Nov last year in Kudat.
The hearing of the case however was adjourned to Dec 12, 2011, pending the production of a DNA report.
Later after that, the DNA report was produced in court which showed that the accused was the biological father of the niece conceived the baby as a result of the rape.
On Jan 19, the accused changed his plea of not guilty to one of guilty but his sentencing was deferred to yesterday pending the probation report.
The facts of the case stated that the accused went to the victim’s house when her parents were at the paddy field.
At that time, the victim was sleeping with her younger sibling. She was awakened and saw the accused in her bedroom.
The victim asked the accused to go away but he refused and instead raped her before leaving the room.
The victim did not tell the incident to anybody including her parents because the accused had threatened her.
The rape was only made known after a doctor revealed that the victim was 26 weeks pregnant.
The victim’s parents and her auntie then lodged a police report which led to the accused’s arrest.
A DNA report from the Kuching Chemistry Department later confirmed that the victim and the accused were the biological parents of the baby.
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