SEREMBAN: A 44-year-old man was admonished by a judge at the Sessions court here today after he pleaded guilty to raping his biological daughter.
He was accused of raping her since she was 12 years old.
Judge Mohamad Kamil Nizam pronounced a 20-year prison term and five strokes of the cane for the accused.
Addressing the accused directly, Mohamad Kamil emphasised the gravity of his actions, saying, "You, as a father entrusted with the responsibility of caring for your child, did the opposite."
The judge underscored the betrayal of trust inherent in the accused's heinous acts, which spanned over several years, leading to the birth of two children.
The decision was also made after taking into account the accused's plea and the aggravating factors argued by the Deputy Public Prosecutor, M. Kalaivaanan.
"I note that the victim only made a complaint after her parents were detained in another case. Undoubtedly, the victim felt unsafe in her own home throughout that period.
"I believe it will cause trauma and leave severe psychological effects on the victim, and undoubtedly, the victim's reputation will also be tarnished by the accused's actions," said Mohamad Kamil.
Furthermore, he said, the punishment imposed must also be commensurate with the offence committed, not only for teaching the defendant a lesson but also for sending a message to the society to refrain from similar wrongdoing.
Mohamad Kamil also affirmed society's collective responsibility to safeguard the well-being of its members and ensure accountability for those who violated the fundamental principles of decency and morality.
According to the charges, the accused had intercourse with his daughter who was 18 years and six months old at the time of the incident, which the accused's relationship with her was not allowed under the law and the applicable law to marry her.
The offence occurred in November 2022, at approximately 6am, in a house in Kampung Chuah, Port Dickson.
As a result, the accused has committed an offence punishable under Section 376B(1) of the Penal Code (Act 574). The offence carries a penalty of imprisonment for not less than 10 years and not more than 30 years, and whipping.
The accused, who was not represented by a lawyer, appealed for a reduction in his sentence due to having young children and his wife suffering from diabetes and heart disease.
However, Kalaivaanan requested the court to impose a severe punishment on the accused, taking into account public interest.
"The accused is the father of the victim and has engaged in sexual intercourse by raping his own daughter, resulting in her giving birth.
"I argue that this relationship between the perpetrator and the victim necessitates the court to impose a severe punishment in terms of imprisonment and caning to send a clear message to the public that the court will not compromise on such actions."
Based on the facts of the case, the victim made a police report on May 1 and informed that she was raped by her biological father from the age of 12 until April 21 this year.
In December 2022, the victim grew concerned about a potential pregnancy due to the absence of her menstrual cycle. Subsequently, on Aug 17 last year, she gave birth at Port Dickson Hospital.
The victim's mother is said to have handed the child over to someone else without her knowledge.
Meanwhile, in a separate Sessions Court, the accused and his 45-year-old wife were alleged to have in their possession dangerous drugs suspected to be yaba pills (estimated weight 32.83g).
The offence was committed on April 28 this year at a house in Chuah, Port Dickson.
Following that the accused committed an offence under Section 12(2) of the Dangerous Drugs Act 1952 which is punishable under Section 39 A(2) of the same act read together with Section 34 of the Penal Code.
However, only the male accused pleaded guilty.
Deputy Public Prosecutor, Syamimi Farhana Muhammad A Aziz did not propose bail, and set July 4 for mention.
