Jailed 25 years for raping daughter

2009/11/17

KUALA LUMPUR: In the army where he served for 21 years, he was a hero of sorts, availing himself to multiple recognition for his excellent service and loyalty to the country. But in court yesterday, this same "hero" was sentenced to 25 years in jail and ordered to be given a total of 40 strokes of the rotan after he pleaded guilty to nine charges of raping one of his daughters and molesting another.

The nine terms run concurrently from the date of arrest on June 25 last year.

The acts committed by the 43-year old father of five was even too much for him to bear. After he pleaded guilty to the nine charges, he appeared confused and disoriented when the facts of the case were read out to him.

Sessions court judge Fathiyah Idris then ordered the court to stand down so that the accused could be given some time to think matters through.

The former soldier was charged with five counts of raping his then 15-year-old daughter at their home in Sentul here between January 2006 and June 14 last year.

For the first charge, the former soldier got 25 years' jail and 15 strokes, for the second, 25 years' jail and 15 strokes, for the third, 20 years and 10 strokes, for the fourth and fifth charges, 10 years each.

He was also charged with four counts of molesting his then 13-year-old daughter several times between 2006 and May last year at their home.

He was sentenced to 20 years' jail for the first offence and 10 years each for the subsequent three offences.

According to the facts of the case, among the acts committed by the accused was to insert his finger into his daughters' private parts and to fondle their breasts.

The older daughter had complained about the abuse to her counselling teacher.

In mitigation, defence counsel P. Gunalan told the court that the accused had served 21 years in the army and was given an Excellent Service Certificate in 1995 and 2000.

He said the accused's wife was also willing to take him back because she could not afford to look after the children on her own as they were poor.

"He is also repentent and has promised not to repeat his acts," Gunalan said.

Deputy public prosecutor Noor Aishah K.M. Abu Bakar, however, argued that as a father, his job was to protect the children.

In passing sentence, Fathiyah said the accused's acts were despicable and that if the victims had not related the incidents to their counselling teacher, he would have probably continued to rape and molest them.

She also ordered that the accused be placed under police surveillance on his release from jail and also undergo counselling sessions while serving time.