SEREMBAN: A man has been sentenced to 26 years in jail after the Sessions Court here found him guilty of raping his 14-year-old niece on two occasions.
Judge Surita Budin also ordered the accused, who was 30 when the offences were committed, to be whipped six times.
"After reviewing the evidence, the court finds that the defence has failed to raise reasonable doubt, while the prosecution has succeeded," she said in her judgment on Friday (Nov 29).
The accused was charged with raping his niece at a house in Sikamat. The first offence was committed around 2.30pm in June 2021 and the second around noon on July 2 that year.
In mitigation, defence counsel S. Kavitta said the accused, who was divorced, worked as a technician and had to provide for a five-year-old child.
"Apart from looking after his sick father, he has also been single-handedly providing for his child for the past few years.
"We hope the court will impose a minimal jail sentence as this was his first offence," she said.
However, deputy public prosecutor Nurul Balkis Zunaidi urged the court to impose a heavy punishment, citing the victim's relationship with the accused.
"She used to call him Pak Long but he has left her traumatised for life with his disgusting actions. Instead of protecting the little girl, he raped her," said Nurul Balkis.
Surita then sentenced the accused to serve 13 years' imprisonment and three strokes of the cane for each charge, to be served consecutively.
The judge said the court considered public interest and the grave, heinous crime committed against a vulnerable child.
She also ordered a year of supervision for the accused upon his release.
Kavitta requested a stay of execution to appeal the ruling but Nurul Balkis objected, stating that there were no special circumstances for this.
The court denied the stay, citing the absence of special circumstances and the primarily personal nature of the defence's arguments.
