Kota Kinabalu: A 34-year-old labourer who committed sexual physical harassment against his daughter was jailed five years and ordered to receive two strokes of the cane.
Sessions Court Judge Elsie Primus meted out the sentence to the man after ruling that the prosecution had proven its case beyond reasonable doubt, Friday.
The court also ordered the man to be placed under police supervision for three years after completing his jail sentence and undergo rehabilitative counselling while serving the sentence.
He was ordered to serve the sentence from Friday.
The man was found guilty of committing the offence against the 10-year-old girl by sucking her breasts at 3am on Aug 17, 2021 at a house in Kota Belud.
He was convicted under Section 14(a) of the Sexual Offences Against Children Act 2017 provides for a jail term of up to 20 years, and whipping, on conviction.
The court allowed the man’s application for stay with the condition that he must file the appeal to the High Court by Monday.
The court also maintained the conditions of the bail pending the appeal.
During mitigation, counsel Peter Marajin asked for leniency saying that for the last four years, he did not have a job.
Peter also informed the court that the man also could not see his family and children.
He added that the man was cooperative with the police while under investigation.
However, Deputy Public Prosecutor Tham Pou Jin urged the court to impose a heavy sentence on the grounds that it was a serious offence as the victim was the man’s daughter who he was supposed to protect.
Tham further submitted that such case was rampant.
Three prosecution and four defence witnesses testified during the hearing.
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