Kota Kinabalu: A 23-year-old was ordered to enter his defence on two counts of raping his three-year-old sister and committing carnal intercourse against her.
Sessions Court Judge Elsie Primus made the order after ruling that the prosecution had established a prima facie case, Wednesday.
The court set June 30 this year for the man’s defence.
On the first count, he is accused of raping his sister at a house in Kota Marudu between 2010 and 2016.
The offence under Section 376(3) of the Penal Code provides for a jail term of between eight years and 30 years and whipping at least 10 strokes of the cane, on conviction.
On the second count, he allegedly sodomised his sister at the same place and time.
For the offence, he was charged under Section 377A of the Penal Code which carries for a jail term of up to 20 years, and whipping, on conviction.
The prosecution had called seven witnesses during the hearing.
Deputy Public Prosecutor Mas Izzaty Lokman conducted the prosecution while the man, who was released on bail, was represented by counsel Datuk Joseph @ Bernard Dalinting.
Meanwhile, three men were jailed four months each for entering the State illegally.
Salim Mohd, Madlan Geroy Abdullah and Nazri Narvin pleaded guilty separately before Sessions Court Judge Azreena Aziz.
The illegal immigrants were arrested in the city area on March 17 and 21 this year after failing to produce their identity documents to the police.
The court ordered the trio to serve the jail sentence from the date of their arrest.
After completing their jail sentence, the illegal immigrants were ordered referred to the Immigration Department for their biometrics data to be recorded before deportation.
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