KOTA KINABALU: A retired soldier was charged in the Sessions Court with raping and sexually assaulting his 12-year-old niece.
The 57-year-old man pleaded guilty to two charges of sexual assault and was sentenced to 10 years imprisonment and six strokes of the cane.
He, however, pleaded not guilty to a rape charge under Section Section 376(3) of the Penal Code. The court fixed Dec 12 for mention.
All offences took place at the end of August this year near a village in Papar.
For the sexual assault, the offence falls under Section 14 (a) of the Sexual Offences Against Children Act 2017, read together with Section 16 of the same Act.
Punishment under Section 14 carries a jail term of up to 20 years and whipping, while Section 16 provides a jail term of up to five years and whipping upon conviction.
Judge Amir Shah Amir Hassan handed down a punishment of eight years in jail and one stroke of the cane for each Section 14 charge and an additional two-year jail term plus two strokes of the cane under Section 16.
The sentences will run concurrently, but the court ordered the jail term for each charge to commence concurrently from the date of arrest, resulting in a total of 10 years in prison.
During mitigation, the unrepresented accused sought leniency, citing family responsibilities and his advanced age.
Deputy Public Prosecutor Dacia Jane Romanus argued for a deterrent sentence, emphasising the accused's betrayal of the familial trust and the need for a stern lesson.
Romanus highlighted the victim's vulnerable situation, having lost her father, and underscored the accused's failure as a father figure.
The prosecutor also urged the court to consider the concerning trend of sexual offences in the Papar district and the gravity of the offence, given its familial context.
The facts of the case stated that the accused, the older brother of the victim's biological father, was entrusted by the victim's mother to transport the child to and from school.
The accused has always sent and picked the victim up from school since early this year, and the incident occurred when the accused fetched the victim from school.
On Oct 20, 2023, the victim suddenly asked her teacher to send her back because she was afraid of her uncle (the accused).
She claimed that the accused had touched her body after picking her up from school.
The school teacher notified the village head, and a meeting was held where the victim's mother was informed about the matter.
The victim's mother lodged a police report on Oct 26, which led to the accused arrest.