The Borneo Post (Sabah)

Pensioner jailed for sexual offence against niece

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A 55-yearold pensioner was jailed for four years for committing a sexual offence against his niece.

Sessions Court judge Noor Hafizah Mohd Salim imposed the sentence on the man after finding him guilty as charged when the case came up for decision, yesterday.

In her reserved ruling, Noor Hafizah said the accused had failed to raise any reasonable doubt throughout the trial.

Listening to the sentence, the man, who was escorted to the accused dock from his wheelchair, sat still and showed no emotion at the verdict.

He was wearing a red T-shirt with black collar and a pair of glasses and sporting a beard and moustache.

The accused had touched body and private parts of the nine years and five months old girl at a house in a village of Manggatal at noon on January 14, 2018.

He committed an offence under Section 14 (a) of the Sexual Offences Against Children Act 2017 and read together under Section 16 (1) of the same Act.

The indictment for Section 14 of the said Act provides for a jail term of up to 20 years and whipping while Section 16 provides for additional jail term of not exceeding five years and whipping of not less than two strokes of the cane, upon conviction.

For Section 14 of the said Act, the man was jailed for two years and another two years in jail under Section 16.

The accused was ordered to serve the jail term consecutiv­ely.

Also present at the proceeding­s was the victim's father who was sitting in the public gallery.

In mitigation, defence counsel Goldam Hamid, who represente­d the accused pleaded for leniency on the grounds that his client, whose body is half paralyze, is in poor health and needs regular medical attention.

However, deputy public prosecutor Nur Faezah Jafry, urged the court to impose a deterrent sentence on the accused as he had committed a very serious offence.

She said the accused had abused his own family, which is his niece who was only 10 years old when the incident happened.

The court also allowed a stay of execution, pending his appeal at the High Court, following an applicatio­n made by the defence counsel which was objected by the prosecutio­n.

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