Kota Kinabalu: A 52-year-old man was ordered to enter his defence for committing sexual abuse against his grandniece.
Sessions Court Judge Ummu Khaltom Abdul Samad made the order against the farmer after ruling that the prosecution had established a prima facie case.
In her ruling, Ummu said having heard the testimonies given by the prosecution through their witness and upon scrutinising all the evidence adduced and upon reading the written submissions tendered by both parties, she found that the prosecution had established a prima facie case against the accused.
The court set Feb 20 -21 this year for the man’s defence.
He is accused of committing the offence by caressing the eight-year-old girl’s private part in May 2019 at a house in Kundasang.
The offence under Section 14(1)(a) of the Sexual Offences Against Children Act 2017 carries a jail term of up to 20 years and whipping, on conviction.
Deputy Public Prosecutor Fauzi Acho conducted the prosecution while counsel Datuk Maijol Mahap represented the man.
The court ordered the bail to be extended pending the disposal of the case.
In another case, a 36-year-old electrician will know his fate on March 30 whether he will be freed or convicted on a charge of raping his stepdaughter.
The court set the date for the man during the clarification of submissions.
The man is accused of raping the 13-year-old girl in Jan 2019 at 8pm at a rented house in Putatan.
The offence under Section 376(3) of the Penal Code carries a jail between eight and 30 years, and whipping at least 10 strokes, on conviction.
Nine prosecution and three defence witnesses testified during the hearing.
The man was represented by counsel P.J Perira.
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