Judge M Kunasundary handed down the sentence after he pleaded guilty to raping his 12-year-old stepdaughter 105 times over a period of two years.
She ordered the accused to serve 10 years in jail and two strokes of the cane for each rape charge, with the sentence to run consecutively from the date of his arrest, Jan 20.
Today’s proceedings took almost five hours after each charge was read out separately.
In passing the sentence, Kunasundary said the offence was not only grave, but it was also abominable and had blighted the child’s future.
“I hope you will repent while in prison. You should not have committed a violent act and although the punishment is minimum, the court feels this is sufficient by taking into account the number of charges against you,” she said.
The unemployed man was charged with committing incest by raping his stepdaughter at a house in Sungai Way, Petaling, Selangor, from Jan 5, 2018 until Feb 24, 2020. The offence under Section 376B of the Penal Code provides for a jail term of not less than 10 years and not exceeding 30 years, and whipping.
Earlier, deputy public prosecutor (DPP) Nurul Qistini Qamarul Abrar urged the court to impose a heavy custodial sentence and the maximum strokes of the cane on the accused, taking into account the public interest factor.
“The victim, in this case, was 12 years old when she was first raped by the accused, who then continued to rape her 105 times over a period of two years.
“As as stepfather to the victim, he should have been responsible for protecting the victim but instead he destroyed her self-worth. His action will cause life-long trauma to the victim,” said Nurul Qistini, who jointly prosecuted the case with DPP Mohamad Afiq Zuber.
“Incest cases are appalling and condemnable offences, and are viewed seriously by every level of society, regardless of religion.
“The action of the accused is akin to ‘haruan makan anak’ (a snakehead fish eating its own fry) and viewed seriously by the general public, which is not just against the law but against religious teachings as well,” said Nurul Qistini, who then urged the court to run the sentences consecutively.
The accused, who was unrepresented, did not appeal the sentence.
Based on the facts of the case, the victim’s biological parents divorced in 2015 and the mother married the accused in November 2016.
During the sexual assault incidents, only the victim and the accused were in the house and she never told anyone of the rapes as the accused had threatened and also hit her.
The girl only revealed the truth about the rapes after her mother brought her and her younger sister to their aunt’s house.