The Borneo Post (Sabah)

Man ordered to defend unnatural sex, rape bid charges

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KOTA KINABALU: A man was ordered by the Sessions Court here to enter his defence on September 12 this year for two charges of committing carnal intercours­e against the order of nature on his stepdaught­er and for attempting to rape her.

Judge Ainul Shahrin Mohamed made the order on the 35-year-old accused at the end of the prosecutio­n’s case on Wednesday after ruling that the prosecutio­n had establishe­d a prima facie case against him.

On the first count, the accused was alleged to have committed carnal intercours­e against the order of nature on the 12-yearold victim at a house in Jalan Kobusak, Penampang at 12pm on March 19, 2016.

The offence was framed under Section 377C of the Penal Code, which carries a maximum jail term of 20 years and also liable to whipping, upon conviction.

On the second count, the accused was charged with attempting to rape the victim at the same time and place on March 20, which is an offence framed under Section 376 (3) of the Penal Code, read together with Section 511 of the same Code.

The indictment provides for a jail term of up to 15 years and whipping, upon conviction.

The prosecutio­n had called eight witnesses to testify against the accused since the trial commenced in October last year.

Deputy public prosecutor Hafizah Zahidah Abdullah appeared for the prosecutio­n while counsel Dato’ Sri Rakhbir Singh represente­d the accused.

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