Kota Kinabalu: A 34-year-old bakso seller holding an IMM13 document was charged with raping his nine-year-old daughter on four occasions, while his wife was sentenced to five years’ jail and fined RM10,000, in default one year’s jail, for abusing the same child.
The husband claimed trial to all four charges, while the wife pleaded guilty to the abuse charge when they appeared separately before Sessions Court Judge Amir Shah Amir Hassan on Friday.
The man is accused, on the first to fourth counts, of raping the girl in February, April, May and October this year at a house in Penampang.
The offence under Section 376(3) of the Penal Code carries imprisonment of between eight and 30 years and whipping of at least 10 strokes upon conviction.
The court fixed Dec 11 for pre-trial case management and ordered the man to be further remanded pending the date.
His 29-year-old wife, meanwhile, was sentenced for abusing their daughter, who suffered physical injuries, at about noon on Oct 22 this year at their house in Penampang.
The court ordered her to serve the five-year jail term from the date of her arrest.
She was also placed on a three-year good behaviour bond of RM2,000, which was not required to be deposited, upon completing her sentence.
She was further ordered to perform a total of 120 hours of community service after serving the jail term.
During the proceedings, a video recorded by a member of the public showing the mother assaulting the child was played in court.
In mitigation, the woman pleaded for leniency, saying she had three young children, with the youngest still breastfeeding.
She said the children were currently being cared for by her mother as her husband had also been arrested.
However, Deputy Public Prosecutor Nurul Shaferrah Mad Iskim urged the court to impose an appropriate sentence, including imprisonment, a fine, a good behaviour bond with a surety and a community service order to be served upon completion of the jail term.
She submitted that the victim had been repeatedly abused by her mother since the age of seven.
“The mother acted with unwarranted violence by biting the victim’s neck and arm, pulling her hair, and raining punches and slaps on her face and head in a public car park. Furthermore, during domestic episodes, she routinely beat the child with plastic clothes hangers and a wooden stick kept behind the door.
“The woman is the victim’s biological mother who had custody and care of the child. Instead of nurturing and protecting her, she became the source of continuous terror.
“The child was so terrified that she clung desperately to her aunt and refused to return home. A strong custodial sentence is needed to protect the public interest and deter other caregivers.
“Taking into account the increased statutory maximum under the amended Section 31(1) of the Child Act 2001, the serious physical and emotional trauma suffered by the victim, and the need for public deterrence,” she said.
The court heard that on the day of the incident, the victim was sent home in Penampang by her aunt. However, upon arriving, she refused to return home and clung tightly to her aunt because she was extremely frightened and traumatised at the thought of facing her mother.
The mother, who came down from the house, allegedly slapped the victim on the face and the right side of her head, roughly pulled her hair with her right hand, and bit her neck, left jaw, wrist and arm.
The assault, which took place in an open area, was witnessed by the complainant, who recorded the incident on a mobile phone. The complainant saw the victim screaming in pain and pleading for help.
When the complainant attempted to approach the child, the mother continued slapping her before forcibly dragging her up the stairs to their house.
The complainant followed them to identify the house before immediately lodging a police report at the Penampang Police Station. The video showing the mother beating and slapping the victim, pulling her hair and biting her went viral on social media, drawing widespread public outrage and condemnation.
Acting on information, a team of police officers raided the house at about 3.30pm on Oct 22 and arrested the woman.
The victim was rescued and taken to Sabah Women and Children’s Hospital (HWKKS).
A clinical examination and medical report by a medical officer at HWKKS confirmed that the victim had bruises and abrasion wounds on her right cheek, an abrasion wound on her right wrist, an abrasion wound on her left upper arm, an abrasion wound on her upper chest, and a bite-mark bruise on her right arm, as well as old scars and wounds.
The medical findings concluded that the victim had suffered physical abuse at the hands of her biological mother.
