MELAKA: A 38-year-old father’s claim that his 18-year-old daughter wished to retract her allegation that they had committed incest was rejected at the sessions court here when he was charged on Wednesday.
The unemployed accused from Bukit Katil made the request during mitigation before sessions judge Norma Ismail after he claimed trial to two counts of having sex with his daughter.
“I wish to tell the court that my daughter wants to retract her report against me,” he told the court.
On the first count, he was charged with committing incest with his eldest daughter, who was then aged 16, at about midnight in late Nov 2015 at their home in Jalan Saujana 3/7, Taman Saujana, Bukit Katil.
On the second count, the man was also charged with committing incest with the same daughter, who was then aged 18, at the same home at 12.30am on Nov 14, 2017.
However, Deputy public prosecutor Muhammad Azri Zakaria informed the court that no indication of a retraction was contained in the investigation papers, as of Wednesday.
“The charges are for incest, irrespective of whether there is a retraction of the report against the accused. It is the right of the prosecution to proceed with the case,” said Azri, who had earlier proposed no bail, as the offence of incest is non-bailable.
Judge Norma agreed with the prosecution and fixed mention for Dec 21.
The victim is the eldest of four siblings and the accused was unrepresented.
The charge under Section 376A of the Penal Code and punishable under Section 376B(1) of the Penal Code provides for a maximum imprisonment of 30 years and is also liable to whipping.