A man has been handed a 20-year prison sentence and ordered to receive 11 strokes with a cane for the rape of his sister-in-law. The ruling was made by Judge Elsie Primus in the Sessions Court, who concluded that the prosecution had convincingly proven its case.
The defendant, a 55-year-old man, holds a passport and was found guilty of the rape that occurred on February 8, 2021, at 1 pm in an unnumbered house situated in a village within the Kota Belud district. The man was charged under Section 376(3) of the Penal Code, which carries a punishment ranging from eight to 30 years of imprisonment, and includes a mandatory minimum of 10 strokes of the cane. Throughout the trial, a total of nine witnesses were called to provide testimony. Both the accused and his wife testified during the defense stage.
During the court proceedings, the accused requested leniency and informed the court that he needed to care for his five children from his first marriage, as his first wife had passed away. Additionally, he mentioned that he had no children with his second wife. He appealed for his custodial sentence to commence from the date of his arrest, which was February 19, 2021. Deputy Public Prosecutor Tham Pou Jin, who argued the case, urged for a severe sentence to serve as a deterrent for the accused. Among other points, she highlighted the initial reluctance of the victim to identify the accused during the trial.
This reluctance demonstrated the extent of trauma she had experienced as a result of the rape, to the point that she no longer wanted to face the accused. The victim became emotional during the trial when asked about her feelings because she had regarded the accused as a father figure. In conclusion, the man has been sentenced to 20 years in prison and will receive 11 strokes of the cane for the rape of his sister-in-law. The court found the prosecution's case to be overwhelmingly convincing, leading to this ruling.
Throughout the trial, various witnesses, including the accused and his wife, provided their testimonies. The defendant appealed for leniency, citing his responsibilities towards his children, and requested that his custodial sentence be calculated from the date of his arrest. The deputy public prosecutor emphasized the victim's reluctance to identify the accused and the emotional toll the incident had taken on her.
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