IPOH, Perak: A retired soldier claimed trial today in the Sessions Court here to three counts of raping and sexually assaulting his 12-year-old daughter, who is now reportedly six months pregnant.
The 45-year-old accused pleaded not guilty before Judge Jean Sharmila Jesudason for one count of rape and two counts of sexual assault, as reported by Berita Harian.
He is charged with raping his daughter, aged 12 years and nine months, an act prohibited by law, religious tenets, custom, or societal norms for marriage between them.
The heinous act occurred around 11:30 pm in mid-December last year, in the master bedroom of a house in a housing estate in Batu Gajah.
The victim is identified as the third of six children.
For the two sexual assault charges, the accused is alleged to have committed physical sexual acts against the same victim, with whom he held a position of trust as her biological father.
Both alleged acts of sexual assault also took place at the same location as the alleged rape, within the Batu Gajah housing estate.
The rape charge falls under Section 376(3) of the Penal Code, while the sexual assault charges are framed under Section 14(a) of the Sexual Offences Against Children Act 2017, punishable under the same section and act, and read together with Section 16(a) of the same Act.
Deputy Public Prosecutor Qurratu’aini Khalifah prosecuted the case, while the accused was represented by counsel, Muhammad Farhan Ahmad Fadzil.
The prosecution initially opposed bail, citing the accused’s cohabitation with the victim.
However, they proposed a bail sum of RM30,000 should the court consider granting it.
Furthermore, if bail was allowed, the prosecution requested stringent additional conditions: that the accused refrain from disturbing or approaching the victim and witnesses, and report to a designated police station at the beginning of each month until the conclusion of the trial.
Defence counsel Farhan sought a reduced bail, stating that his client receives a monthly pension of RM1,800 as a former soldier and is the sole breadwinner for his family, as his wife is unemployed and they support six school-going children.
The court granted the accused bail at RM21,000 with one local surety, along with all additional conditions requested by the prosecution.
The court has scheduled the next mention of the case for August 18.
