Kota Kinabalu: The Sessions Court fixed Feb 16 for case management of a 24-year-old charged with two counts of raping his 10-year-old sister and committing carnal intercourse against her.
Judge Elsie Primus set the date for the man after the prosecution informed the court of new development. The court was supposed to make a ruling following the close of the defence case.
The court allowed the prosecution’s request to amend the charges against the man.
The prosecution cited Section 158 of the Criminal Procedure Code and Section 159 of the same Code as well as Section 145 of the Federal Constitution to have both charges against the man to be amended.
The charges were read and the man pleaded not guilty.
On the first count, the man is accused of raping his sister at a house in Kota Marudu in 2017.
The offence under Section 376(3) of the Penal Code provides for a jail term of between eight years and 30 years, and whipping at least 10 strokes of the cane, on conviction.
On the second count, he allegedly inserted his private part into his sister’s anus at the same place and time.
For the offence, he was charged under Section 377A/377B of the Penal Code which carries for a jail term of up to 20 years, and whipping, on conviction.
The prosecution had called seven witnesses during the hearing at the prosecution stage while nine witnesses testified in the defence stage.
The man was called to enter his defence on April 20, last year after the court ruled that the prosecution had established a prima facie case.
Deputy Public Prosecutor Mas Izzaty Lokman conducted the prosecution while the man who was released on bail, was represented by counsel Datuk Joseph @ Bernard Dalinting.
Meanwhile, the court set March 9 for clarification and submissions for a case involving 39-year-old man charged with abusing his stepson.
The date was given to Julmuri Ebba when the prosecution closed its case after calling seven witnesses.
Julmuri is accused of abusing the six-year-old boy by burning his left thigh with a cigarette butt between 7pm and midnight on Nov 10, 2019 at a house in Jalan Bypass Penampang.
The offence under Section 31(1)(a) of the Children Act 2001 provides for a jail term of up to 20 years, or fine of up to RM50,000, or both, on conviction.
Julmuri was further remanded pending the disposal of his case.
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