KUCHING: A 19-year-old youth was sentenced by the Sessions Court today (March 23) to a total of 14 years jail term and two strokes of the cane after he pleaded guilty to having raped and sexually assaulted his 12-year-old cousin.
Judge Mohd Taufik Mohd @ Mohd Yusof meted out the sentences after reviewing a social report on him by the Social Welfare Department.
For the first charge, he was sentenced to 10 years in jail and to be given two strokes of the cane for rape under Section 376(2)(d) of the Penal Code.
The Code provides for a jail term of 10 years and not more than 30 years and caning.
For the second charge of sexual assault under Section 14(a) of the Sexual Offences Against Children Act 2017, he was sentenced to four years in jail.
The youth committed the crimes at a house in Puncak Borneo on July 12, 2022.
The Sessions Court ordered that both sentences run concurrently starting from the date of the offender’s arrest which is on July 12, 2022.
According to the facts of the case, the victim was drunk and fell asleep after the young man forced her to drink ‘langkau’, which is a local alcoholic drink.
The following morning, she was told by a friend, who slept next to her, that the accused had removed her clothes and put his naked body on her while she was asleep.
The victim was taken to hospital and underwent an examination by an obstetrics and gynaecology specialist, who confirmed that the she had hymenal tears caused by the rape and sexual assault.
On the same day of the event, a police report was lodged and the youth was arrested at 3.15 pm by the Padawan police.
DPP Danial Mohamad Ali prosecuted the case while the youth was unrepresented by a lawyer.
