KOTA KINABALU: A 51-year-old man has been sentenced to 20 years' jail and nine strokes of the cane for raping a teenage girl who brought him a meal out of compassion.
Hazmi Abdul Gaffar pleaded guilty before Sessions judge Zaini Fishir on Friday (Jan 9) to two separate charges for rape and unnatural sex with the 17-year-old girl.
For the first charge, he was jailed 12 years and ordered to be caned five times for raping the victim and causing her injury.
The crime was committed at around 7pm on Dec 22 by the roadside near a building on Jalan Kepayan here.
The charge was framed under Section 376(2)(a) of the Penal Code, punishable under Section 376(2), which provides for imprisonment of 10 to 30 years with caning upon conviction.
For the second charge under Section 377CA of the Penal Code, Hazmi was sentenced to eight years' jail and four strokes of the cane for committing intercourse against the order of nature at the same time and place.
The Section provides for five to 30 years' jail with caning if convicted.
Hazmi will serve 12 years behind bars, as the court ordered the jail terms to run concurrently.
According to the facts of the case, the victim was approached by the accused at around 6pm on the day of the incident, while she was walking on a pedestrian bridge.
Hazmi struck up a conversation with her, saying that she looked like his daughter.
He also told her about his personal problems and grabbed her hand, asking for her phone number.
Although she refused, he forced her to make a missed call to his phone.
At around 7pm, he called the victim and asked for food, saying he had not eaten all day.
Out of sympathy, she packed some food and brought it to him.
However, when she arrived, he dragged her into some nearby bushes.
When the victim resisted, he choked and punched her and threatened to kill her family if she did not give in to him.
After committing the crime, he let her go on the condition that she remain silent, or else he would harm her family.
The victim then confided in a friend before lodging a police report, which led to Hazmi's arrest.
