KOTA KINABALU: A young man who is planning to marry soon will have to put his plans on hold first after he was jailed 11 years for raping his 19-year-old niece.
Judge Ummu Kalthom Abd Samad also ordered the 22-year-old road contractor to be whipped 10 times.
The court also ordered the accused to be put under police supervision for a year after his jail time in accordance with Section 295(1)(A) Criminal Procedure Code.
The man who is the step-uncle of the victim raped the teenager on March 10, last year at 7.30pm at an oil palm estate in Ranau.
He was convicted under Section 376 (3) of the Penal Code which provides imprisonment of not less than eight years and not more than 30 years, and whipping of not less than 10 strokes, on conviction.
According to the facts, the victim lodged a police report on March 15 at 10.39am stating that she was raped by her step uncle.
The court heard that before the rape, the victim called the accused to fetch her from a village in Ranau to another village.
The accused picked her up on a motorbike and while on the way the accused pulled over and demanded for sex.
However, the victim refused forcing the accused to grab her hand and brought her to the estate area where he raped her.
The accused sent her home and warned her not to relate the incident to anyone.
The accused’s DNA was found on the victim’s T-shirt and shorts, the court was told.
The accused surrendered to the Ranau police the same day the report was lodged.
During mitigation, the man through his counsel Baharudin Baharim from the Legal Aid Department pleaded for leniency as he is a first offender.
He also told the court that the accused had surrendered and cooperated with police throughout the investigation.
His guilty plea has saved the court time and cost entitling him to receive a lesser punishment.
He also pointed out that he planned to get married soon.
Deputy Afzan Abd Kahar in her rebuttal urged for a deterrent punishment and urged the court to take into consideration the public interest.
She said such offence is very serious and the court must take judicial notice on the rampancy of such cases in Sabah.
DPP Afzan said even though the accused is a first offender, the victim in this case is his own niece and therefore it can be said that he has the responsibility to protect the victim and not harmed her.
The victim who was holding back her tears in her impact statement said she was angry with the incident because she and her family never thought that the accused would do such a thing.