KUCHING: A 35-year-old man was sentenced to a total of 20 years in prison and 16 strokes of the cane by the Sessions Court here today for committing incest and sexual assault against his 14-year-old biological daughter.
Judge Musli Abdul Hamid handed down the sentence on the accused after he pleaded guilty to two amended charges.
On the first amended charge, the accused was sentenced to 18 years’ imprisonment and six strokes of the cane for incest under Section 376B(1) of the Penal Code.
He was also given an additional two years’ imprisonment and two strokes of the cane under Section 16(1) of the Sexual Offences Against Children Act 2017, which is applicable as the victim is a minor.
For the second amended charge of physical sexual assault under Section 14(a) of the Sexual Offences Against Children Act 2017, he was sentenced to a further 18 years’ imprisonment and six strokes of the cane, with an additional two years’ imprisonment and two strokes of the cane under Section 16(1) of the same Act.
The judge ordered both custodial sentences to run concurrently from the date of sentencing as the offences were committed at the same time and place.
The court also ordered the accused to undergo rehabilitative counselling during his imprisonment under Section 26(1) of the Sexual Offences Against Children Act 2017 and to be placed under police supervision for two years upon his release under Section 27(1) of the same Act.
The accused committed the offences against his daughter, who was aged 14 years at the time, in the living room of a house in Kampung Krusen Mawang at about 11:00 pm on August 12.
According to the facts of the case, the accused approached the victim while she was sleeping in the living room and told her not to make a noise. He then removed her underwear and raped her.
The victim later contacted her biological mother and informed her of the incident. Both of them proceeded to the Serian Police Station to lodge a report.
The accused was arrested on August 16 at the Serian Hospital public car park by a team from the Serian District Police Headquarters Criminal Investigation Division.
A medical examination conducted by a medical officer confirmed fresh tears to the victim’s private part, consistent with blunt force penetration.
The prosecution was conducted by Deputy Public Prosecutor, Aiman Zarith, while the case was investigated by Insp. Munirah Pardanah.
