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An unemployed man was sentenced to 12 years jail and ordered to receive seven strokes of the cane for raping his teenage daughter and fathering a child with her two years ago.
Sessions judge Emelia Kaswati Mohamad Khalid thanked the 54-year-old accused for pleading guilty and saving the court's time, but added that she had to take public interest into account when passing sentence.
"This is the time people your age are performing their Haj, but you are going to jail instead," the judge remarked.
The victim, now 16, who delivered a baby girl in April last year, said she had willingly engaged in the sexual encounter with her father.
In giving her victim impact statement in court yesterday, the girl added that she was still schooling in Rembau and was staying at a shelter for children while her child was at another shelter.
"When it happened, I did not know he was my father and I was willing to have sex with him,"the victim, who looked upset, said.
When asked by the judge if she had told her mother about the incident, the victim said she did, but the mother had nothing to say as it had already happened.
She also told the judge that she wanted to complete her schooling and look after her child.
The judge then said: "Make sure you look after your child so that she does not do what you and your mother have done".
When pleading for a light sentence, the accused said that he did not know that the victim was his daughter as he had separated from her mother.
He added that he only came to know that she was his daughter when she was 14, after being told about it by the victim's mother.
He also said that his first wife and two children, aged 16 and 12, did not know about this incident.
According to the facts of the case, the victim had asked her mother and the accused to sleep with her in her room at their flat in Jalan Puchong on that day at the end of July, 2010.
At about 1am, she awoke and saw the accused removing her underwear but she remained quiet.
The accused then had sex with her.
In mitigating for a light sentence, the accused said he had a chronic heart problem.
Deputy public prosecutor Ooi Chean Ling asked the court to take into account public interest.
She said that the accused had been caught for four offences previously including rape and consuming drugs.
“He has served two jail sentences but continues to repeat his mistakes," Ooi added.