Kota Kinabalu: A Filipino who had sex with an underaged local girl until she gave birth to a boy, was jailed for eight years and ordered to get a stroke of the cane for rape.
Sessions Court Judge Amir Shah Amir Hassan meted out the sentence to Arban Abu who pleaded guilty, Wednesday.
Arban raped the 15-years and five-months old girl at a house in Papar in February 2022.
The offence under Section 376(1) of the Penal Code carries a jail term of up to 20 years, and whipping, on conviction.
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During mitigation, Arban who was not represented, asked for leniency saying that it was consensual.
However, Deputy Public Prosecutor Dacia Jane Romanus urged the court to impose a deterrent sentence on the grounds that the victim was underaged and had delivered a baby as a result of the rape.
The court heard that Arban had rented a room at the victim’s house and the incident happened when they were talking about sex while they were alone at the house.
Investigation revealed that Arban had asked the victim to have sex with him and she agreed.
In early March 2022, the victim realised she missed her period and went for pregnancy test.
She found out she was pregnant and informed Arban.
Both the victim and Arban then revealed the pregnancy matter to the victim’s father.
The father then lodged a police report against Arban who was later arrested.
The victim was referred to Hospital Likas and confirmed five weeks and five days pregnant.
In November 2022, the victim gave birth to a baby boy and the DNA report confirmed that Arban was the biological father.
Arban had also served four months in jail for entering the State illegally.
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