Kota Kinabalu: Two men were ordered to enter their defence on the charge of raping their underage relative.
Sessions Court Judge Elsie Primus made the order for the men aged 42 and 31, after ruling that the prosecution had established a prima facie case against the men, on Thursday.
The court set Nov 7-8 this year for the men’s defence.
The 42-year-old man is accused of raping the 10-year-old girl who is his niece, at 8am on Sept 30, 2020 at a room of a house in a village in Kota Marudu.
Meanwhile, the 31-year-old man allegedly raped the same girl, who is his sister-in-law, at noon on the same day in the bushes of a palm oil estate at the same village in Kota Marudu.
The offence under Section 376(3) of the Penal Code carries a jail term of between eight and 30 years, and whipping at least 10 strokes, on conviction.
The prosecution had called eight witnesses during the hearing.
The men were remanded further.
Deputy Public Prosecutor Mas Izzaty Lokman conducted the prosecution while counsel Adam George Aludah defended the men.
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