KUCHING: The Sessions Court here sentenced a cobbler to 12 months in prison and four lashes of the cane for committing incest with his 12-year-old niece three months ago.
The 42-year-old pleaded guilty before Judge Saiful Bahari Adzmi to a charge under Section 376B(1) of the Penal Code, read together with Section 16 of the Sexual Offences Against Children Act (SOACA) 2017.
If convicted under Section 376B(1), the penalty carries a prison sentence of up to 30 years and whipping.
Meanwhile, Section 16 of SOACA 2017 provides for imprisonment for a term of up to five years and whipping up to two strokes, upon conviction.
According to the charge, he had sexual intercourse with his niece, which is not permitted under any law, religion, custom, or practice applicable to the accused to marry the victim, at a house in Petra Jaya at around 2am on April 4.
Therefore, Judge Saiful Bahari sentenced the man to 12 years in prison and two lashes of the cane for the punishment under Section 376B(1) of the Penal Code, and two additional lashes of the cane for Section 16 of SOACA 2017.
Based on case facts, the mother received a call from her daughter at around 6.15am on May 14, that she had been raped by her uncle more than a month ago. The man is the mother’s elder brother.
The mother lodged a police report for further action and took her daughter to the hospital for examination. A medical examination found old tears on the victim’s hymen.
Deputy public prosecutor Umi Syukriah Harun prosecuted the case while the man was unrepresented by counsel.
