Homelessman to serve 80 Years in Jail, 110 whipping for raping Daughter
Judge Datin M.Kunasundari handed down the sentence after the man pleaded guilty to all the 12 charges -- 11 for rape and one for committing oral sex, committed between Aug 27 and Sept 7 this year, to be served from the date of his arrest, which was last Sept 19.
However, the man would only serve a total of 80 years in jail as some of the sentences were ordered to be served concurrently.
The charges were divided into four files. The first three files contained three rape charges each, committed between August 27 and 29; Aug 30 and Sept 2, and from Sept 3 to 5, respectively.
The fourth file contained the remaining two rape charges and the charge for performing oral sex, allegedly committed between Aug 28 and Sept 7.
The offences were committed at a premises in Lorong Haji Taib here.
Kunasundari sentenced the man to 20 years jail and 10 whipping on each rape count in the first three files, meaning a total of 180 years' jail and 90 whipping for the nine rape charges.
However, the judge ordered the jail sentences for the charges in each file to be served concurrently, i.e, only 20 years jail for the three rape charges, meaning the man would have to serve 60 years in jail for the nine charges in the three files.
For the three remaining charges in the fourth file, Kunasundari sentenced the man to 20 years' jail and 10 strokes of the cane on each rape count and 12 years' jail for committing oral sex on the girl, to be served concurrently.
For charges under this file alone, the man was sentenced to a total of 52 years in jail, but ordered to be served concurrently, meaning he would serve time for only 20 years for the three charges.
In all, the man would be in jail for 80 years, during which he would be given 110 strokes of the cane.
The charges for rape were made under Section 376 (3) of the Penal Code, which provides an imprisonment for up to 30 years and whipping of not less than 10 strokes, on conviction.
For the charge on committing oral sex, the man was charged under Section 377 (C) of the law, which provided an imprisonment for up to 20 years, and is liable to whipping upon conviction.
Kunasundari, when handing down the sentences, said the offences committed were serious and heinous.
"The accused was entrusted as a father who should be the protector and guide for the victim, but he had destroyed the victim's future. The court cannot imagine the trauma faced by the victim.
"The court cannot forgive the offences committed by the accused and hope the things done by the accused would not be committed by any father in this world," she said.
In mitigation, the accused said he was remorse and regretted his actions and promised to be a good person.
Meanwhile, deputy public prosecutor Liyana Zawani Mohd Radzi, who prosecuted, asked the court to impose a severe sentence because yang the offences were committed everyday since his daughter arrived in Kuala Lumpur.
"The victim came to Kuala Lumpur to continue her studies, but her dreams were shattered because of the action of the accused," she said.