Rubber tapper’s sentence for raping niece upheld

KOTA KINABALU: The High Court here yesterday affirmed the jail terms of a rubber tapper for his three convictions of raping his niece since she was a kid.

Judicial Commissioner Ismail Brahim upheld the 54year-old uncle’s sentences after dismissing an appeal by the prosecution against the lower court’s decision on November 7, 2017.

Ismail also dismissed a cross appeal by the respondent to have his jail sentences reduced.

The subordinate court had sentenced him to a total of 70 years and ordered to be given 24 strokes of the cane for the three raping charges.

The trial judge imposed the jail terms after finding him guilty of the three charges under Section 376 (3) of the Penal Code, which is punishable by a jail term of up to 30 years and whipping, upon conviction.

On the first charge, the uncle was sentenced to 20 years’ jail plus 10 strokes of the cane for raping the victim on April 24, 2008 at a house in a village in Beaufort.

On the second and third counts, he received another 25 years’ jail each and ordered to be whipped 10 and four times respectively, for raping her again in 2016 at the same place.

However, the subordinate court ordered the accused to serve all his jail terms concurrently and also ordered him to pay RM10,000 compensation to the victim, in default, six months’ imprisonment plus two years of police supervision.