IPOH: A retired soldier pleaded not guilty in the Sessions Court here today to three charges of raping and sexually assaulting his 12-year-old daughter, who is now pregnant.
The 45-year-old accused made the plea before judge Jean Sharmila Jesudason after the charges were read out to him.
It is understood that the victim, who is still in school, is six months pregnant.
For the rape charge, he is accused of raping a girl whose relationship to him is such that he is not permitted under the law, religion, custom or practice to marry her.
The offence was allegedly committed at 11.30pm last December at a home in Batu Gajah.
The offence under Section 376(3) of the Penal Code provides for up to 30 years in jail and not less than 10 strokes of the rotan.
For the two sexual assault charges, he is accused of committing physical sexual assault against the victim and committing the offence as a person in a position of trust to the victim.
The offences allegedly took place at 2.30pm in mid-December and between 2.30pm and 8.30pm in January at the same location.
The offences were framed under Section 14(a) of the Sexual Offences Against Children Act 2017, punishable under the same section, read together with Section 16(a) of the same act.
The offence carries up to 20 years in jail and whipping upon conviction.
Offenders are also liable to being placed under police supervision for not less than one year and not more than three years after the completion of the sentence.
Deputy public prosecutor Qurratu’aini Khalifah prosecuted, while the accused was represented by Muhammad Farhan Ahmad Fadzil.
The prosecution did not offer bail as the accused lives in the same house as the victim.
Qurratu’aini requested that if bail is granted, the amount should be set at RM30,000.
If bail is granted, the prosecution asked the court to order the accused not to disturb or approach the victim and witnesses and to report to the police station once a month until the case is concluded.
Farhan requested a lower bail amount, saying that the accused, who receives a monthly pension of RM1,800, is the sole provider for the family as his wife is unemployed and he needs to support six children.
Farhan said the accused was willing to comply with the court’s conditions for bail, including finding separate accommodation to continue supporting his family.
The court allow bail and set the amount at RM21,000 with one local surety. The judge approved the prosecution’s request for additional conditions.
Aug 18 was set for case mention.
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