Padawan general worker gets 21 years’ jail, six lashes for sexual offence on five-year-old girl

KUCHING (March 13): The Sessions Court here has sentenced a man who committed a sexual act on a five-year-old girl from his village to 21 years in prison and six strokes of the cane.

Judge Iris Awen Jon convicted the 36-year-old general worker on his own guilty plea to a charge under Section 377CA of the Penal Code for inserting his finger into the victim’s vagina without her consent.

This Section carries a jail term of between five years and 30 years as well as caning upon conviction.

The offence was committed by a riverbank in a Padawan village on Sunday night.

According to the facts of the case, the victim’s grandmother learnt that the child had been taken away by the accused after he broke into their house.

The incident was witnessed by the complainant’s daughter, who was sleeping together with the victim at the time.

The complainant then sought help from villagers to search for her granddaughter, who was later found crying by the riverbank not far from their house.

A police report was lodged, which led to the accused’s arrest that evening.

A physical examination on the victim showed that she had sustained scratches on her face, hands, and legs, as well as blood stains on her underwear.

According to an obstetrics and gynaecology specialist at Sarawak General Hospital, the injuries were suggestive of blunt force trauma.

During an identification parade, the victim was able to identify the accused as the person who committed the heinous act against her.

In mitigation, the accused asked for leniency, claiming that he had been “mistaken” and did not realise the act was committed against a child.

To this Judge Iris replied: “The offence was a heinous crime against a child,” noting that the accused showed no remorse when asking the court to lessen his sentence.

“How can you claim to be mistaken that the victim was a child, considering her stature and the cartoon-patterned clothes she was wearing?” she questioned.

Deputy public prosecutor Chuah Kai Sheng sought the court to impose a maximum custodial sentence as the incident traumatised and caused physical harm to the victim.

“Perusing the statement of the victim, she said that she was so terrified at that moment until she had no means to say ‘No’ to the accused. The accused had committed the offence against the victim with the use of violence and fear.

“Heavier sentence is not only to punish the accused, but to give a lesson to the public at large,” stressed Chuah.

The case was handled by Insp Awang Iswandi Awang Mahmuddin, while the accused was unrepresented.