KOTA KINABALU: A fisherman who raped and impregnated a 15-year-old girl was sentenced to eight years imprisonment and one stroke of whipping by the Sessions Court here.
The underage victim was the accused young friend's girlfriend. She gave birth to a baby girl on Nov 22, last year.
Nawir Rais, 25, whose wife is currently eight months pregnant had raped the girl in March 2022 at a hotel in Papar district.
Judge Amir Shah Amir Hassan meted out the sentence on Nawir after he pleaded guilty to a charge under Section 376(1) of the Penal Code.
The indictment provides imprisonment of up to 20 years and whipping upon conviction.
In sentencing, the court among others agreed with the prosecution that the case was public interest and quite rampant in the state.
He highlighted that last week the same court had heard such a similar case but the victim in the previous case gave birth to a baby boy.
The judge said that such behaviour not only jeopardises the future of the girl who was underage at the time of the rape but also harms the future of the baby.
"This is the consequence of your own behaviour," said the judge, adding that the government has enacted laws to give a signal to the public not to commit this crime.
According to the facts of the case, a medical officer lodged a police report on Aug 17, 2022 stating that she received a young patient at a health clinic in Papar, and upon examination, she found the patient was 24 weeks pregnant.
Based on the police investigation, the victim went to a hotel in Papar after being invited by her boyfriend aged 15, and Nawir (the accused). Nawir and the young boy were friends.
The young boy and the accused had taken turns to have sexual intercourse with the victim.
The victim gave birth to a baby girl at Likas Women and Children's Hospital and a DNA analysis confirmed that the accused is the baby's biological father.
During mitigation, the unrepresented accused asked for leniency saying that he was remorseful and promised not to commit the offence again.
"Please, lighten my sentence because my wife is eight months pregnant now. Please, I need to support my wife.
"My parents had health problems. I am the only one who can take care of them. My siblings are all employed (at work). Please…I am very remorseful. I promise not to repeat the offence" he said in tears.
Deputy public prosecutor Dacia Jane Romanus asked the court to impose a deterrent sentence, considering that the case was of public interest and that sexual offences involving underaged teenagers are very rampant nowadays, especially in Sabah.
It was also disclosed in the open court that the young boyfriend will be charged at the Juvenile Court in Papar tomorrow for raping the victim.
The accused's wife who sat at the public gallery was also seen crying upon hearing the court's decision.