SERIAN: A man was sentenced to a total of 51 years imprisonment and 24 strokes of the cane for committing incest with his 11-year-old stepdaughter earlier this year.
Sessions Court Judge Musli Ab Hamid handed the sentence to the 32-year-old accused on Tuesday after he pleaded guilty to the charge under Section 376B(1) of the Penal Code, read together Section 16(1) of the Sexual Offences Against Children Act 2017.
The accused was handed 17 years imprisonment and eight strokes on each of three charges, with the sentences to run consecutively from the date of conviction.
The court also ordered the man to undergo rehabilitation counselling while serving his sentence and to report to the Tebedu police station for two years upon completion of his imprisonment.
Under Section 376B(1) of the Penal Code, the offence carries a prison term of not less than 10 years and not more than 30 years, and whipping.
Section 16(1) of the Sexual Offences Against Children Act 2017 provides for an additional imprisonment of up to five years and whipping of not less than two strokes.
The man committed the offence against the child, who was under his care and trust as her stepfather.
The first incident occurred at about 4am on Jan 12, in the living room of a house in Tebedu.
The second took place at about 2.15am on Jan 19, in the victim’s bedroom at the same village.
The third incident happened in March, also in the victim’s bedroom.
The abuse came to light on May 14 when the victim was brought to Tebedu Health Clinic after complaining of illness and vomiting.
A medical officer conducted a urine pregnancy test which came back positive, and a subsequent scan confirmed the 11-year-old was approximately eight weeks pregnant with a detectable foetal heartbeat.
Further examination at Serian Hospital revealed old tears on the victim’s private part, consistent with blunt force penetration and it was confirmed that the victim was eight weeks pregnant.
A police report was lodged by the medical officer and the accused was arrested on May 14 at the public parking area of Serian Hospital.
Investigation revealed that the victim was a child from her mother’s previous relationship.
Her mother legally married the accused, making the victim his stepdaughter.
Deputy Public Prosecutor Asmawi Nur Haqim Mokhtar prosecuted, while the accused was not represented.
