Teenager jailed, whipped for raping cousin after appeal
KOTA KINABALU: The High Court here yesterday sentenced a teenager to 10 years' jail plus one stroke of the cane for raping his cousin four years ago.
Justice Datuk Nurchaya Hj Arshad made the decision on the juvenile after allowing an appeal by the prosecution to have the lower court's order of sending the boy to a reform school be varied.
The prosecution argued that the order issued by the subordinate court for the respondent to be sent to Henry Gurney School was inadequate.
The respondent had raped the victim aged 15, at an unnumbered house in Kuala Penyu in November, 2014.
The offence under Section 376 (3) of the Penal Code carries a jail term of up to 30 years and whipping upon conviction.
Meanwhile, the drug trafficking case involving two brothers who were found guilty of trafficking in 293.04 grams of syabu, was put off to May 7 by the same court.
The judge adjourned the case of Tan Chun Cheng, 42 and Tan Choon Hui, 40, when it was supposed to be their sentencing, as the court wanted to hear statements from the investigating officer (IO) of the case.
The purpose of recalling the IO is to ask questions on whether the two accused persons had helped the police to disrupt the alleged drug trafficking activities.
The accused persons were jointly charged under Section 39B of the Dangerous Drugs Act 1952.
However, the judge put off the sentencing due to a new law that came into effect on March 15, which stated that any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Act and shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than fifteen strokes.
The duo were alleged to have trafficked in the syabu in Penampang at 7.25pm on December 19, 2016.
Deputy public prosecutor Gan Peng Kun had called five witnesses to testify against the accused persons while both the siblings were the only defence witnesses.
The accused persons who were defended by counsel PJ Perira, had opted to give sworn evidence in their defence.