MUAR: A mechanic was sentenced to 20 years in prison and 10 strokes of the rotan by the Sessions Court after he was found guilty of raping his 12-year-old stepdaughter three years ago.
The accused, 48, committed the offence while his wife was taking another child to school in Kluang.
Judge Sayani Mohd Nor delivered the sentence after the court found that the defence had failed to raise a reasonable doubt in the case against the man, who was charged under Section 376(3) of the Penal Code for rape.
In his ruling, Sayani said the court had reviewed and considered the evidence presented and the written arguments from both parties.
“After reviewing and considering all the evidence and exhibits submitted throughout the trial, the court finds that the prosecution has successfully proven the case beyond a reasonable doubt to convict the accused of rape.
“Therefore, the court sentences the accused to 20 years in prison and 10 strokes of the cane, with the sentence effective from today’s date of conviction,” he said.
During the trial, the prosecution, led by Deputy Public Prosecutor Othman Affan Ismail, presented five witnesses, including the victim and her mother.
According to the charge, the accused raped his stepdaughter at a house in Simpang Renggam, Kluang, at 7am on Aug 8, 2022.
Section 376(3) carries a sentence of up to 30 years in prison and no fewer than 10 strokes of the cane upon conviction.
Based on the case facts, the victim was alone at home on the day of the incident while her mother was out taking her younger sibling to school.
The accused entered the victim’s room while wearing shorts before leaving and returning only in a towel.
The victim was also shown a pornographic video before the accused committed the act.
The crime was exposed when the victim told her mother, and they lodged a report at the Simpang Renggam Police Station a week later.
Following the verdict, the accused’s lawyer, Datuk Mandave Singh Gill, asked the court for a stay of execution to allow his client to appeal to the High Court.
The court granted the application but raised the bail from the previous RM6,000 to RM11,000.
© New Straits Times Press (M) Bhd
