Kota Kinabalu: A 35-year-old farmer was jailed a total of 13 years and ordered to be given three strokes of the cane for sexually harassing his 12 year-old niece.
Sessions Court Judge Elsie Primus handed the sentence to the man, after ruling that the prosecution had proven its case beyond reasonable doubt.
On the first count, the man was jailed six years plus a stroke of the cane for committing the sexual offence against the 12-year-old girl by rubbing his genitals on her rear between March and April 2019, 11am, at a house in Kota Marudu.
On the second count, he was jailed another seven years and ordered to get two strokes of the cane for committing the same offence by fondling the same girl’s breasts and touching her private part at the same place on May 7, 2019.
The offence under Section 14 (a) of Sexual Offences Against Children Act 2017 carries a jail term of up to 20 years, and whipping, on conviction.
The court ordered the man to serve the jail sentence consecutively from the date of his conviction, Friday.
The man was also ordered to be placed under police supervision for three years after serving the jail sentence.
The court rejected the man’s application for a stay of the sentence pending appeal to the High Court.
The man was on Dec 29, 2021 called to enter his defence after the court ruled that the prosecution had established a prima facie case against him.
Nine prosecution and four defence witnesses testified during the hearing.
Deputy Public Prosecutor Mas Izzaty Lokman conducted the prosecution while counsel Amirul Amin defended the man.
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