SEREMBAN: A 28-year-old father of three was sentenced to 20 years in jail with four strokes of the cane for sexually assaulting his underage niece.
Sessions judge Surita Budin said on Wednesday (Nov 5) that the prosecution had proven its case against the accused, a factory employee, on two counts of sexual assault against the girl.
"After examining the evidence of the prosecution and defence witnesses and after reading and examining all written submissions, the court, at the maximum assessment level, rules that the defence has failed to raise a reasonable doubt against the prosecution's case for both charges.
"Therefore, the prosecution has succeeded in proving the charges and the accused is hereby found guilty and convicted of both charges," she said.
The man was charged with committing the first offence against the victim, then just two months short of her 15th birthday, at a house in Taman Matahari Indah in Senawang near here around 5am between Dec 26 and 27, 2021.
The second offence was committed at the same house around noon on Dec 28 that year.
He was charged under Sections 14(a) and (b) of the Sexual Offences Against Children Act 2017, which provide for a jail term of up to 20 years and caning upon conviction.
The court, however, acquitted and discharged him of a third charge under Section 14(b) of the same Act after finding that the defence had successfully raised a reasonable doubt.
"The court finds that the prosecution has failed to prove the third charge and the accused is hereby discharged and acquitted," she said.
The third charge alleged the same offence in the same location at around 5.30am on Dec 31, 2021.
In mitigation, lawyer Asmawi Ismail said the accused was the main breadwinner in the family and had to provide for a wife and three young children.
Pleading for a light custodial sentence, he said the accused had cooperated with the authorities in the investigation and had attended court without fail since his arrest in 2022.
The accused was also a first offender, he added.
Deputy public prosecutor Norazihah Asmuni asked the court to impose a heavy punishment as the accused had committed a serious offence against a child.
She said that as an uncle, he was supposed to have protected the victim instead of assaulting her.
Judge Surita then sentenced the accused to 10 years' jail and two strokes of the cane for each charge, with the prison terms to run consecutively.
"After hearing the mitigation plea from the defence and the aggravating factors submitted by the prosecution, the facts of the case and evidence from witnesses as well as taking into account the public interest factor, the court finds that it cannot tolerate physical sexual assault cases involving children.
"The accused had a duty to protect the victim, who was 14 years and 10 months old, but instead committed a heinous crime against her.
"The court also took into consideration that his actions had left the victim traumatised," she said.
Asmawi then asked the court to grant a stay of execution as the defence would appeal the decision.
However, DPP Norazihah objected, adding that there were no exceptional circumstances.
Judge Surita then dismissed the request for a stay of execution.
