SIBU: A 31-year-old man who sexually assaulted a primary schoolgirl was sentenced to five years’ jail and ordered to be given five strokes of the rotan by the Sessions Court yesterday (April 29).
Judge Marutin Pagan handed down the sentence on Gimang Agu, 31, after he pleaded guilty to the offence.
He was charged under Section 14(a) of the Sexual Offence Against Children Act 2017 which provides for a jail term of up to 20 years and liable to whipping upon conviction.
The court heard that the accused had sexually assaulted the girl – classified as intellectually challenged (OKU) – aged 11 years and three months, by unbuttoning her pants, hugging her and touching her private part.
The incident took place in a toilet in Jalan Aman on April 23.
Deputy Public Prosecutor (DPP) Heng Yi Min told the court that at approximately 8.30pm on April 23 the complainant (victim’s father) realised his daughter was spending too much time in the toilet and decided to investigate.
When the complainant opened the toilet door he was shocked to find his daughter naked who told him that she had been raped by an unknown man. Without wasting time, the father brought her to the police station to lodge a report.
The court heard the victim went to the toilet alone and while coming out of the toilet, she was pushed back into the toilet by the accused.
The accused then proceeded to open the victim’s pants and touched her private part. He attempted to rape the victim but stopped when he heard sounds of people approaching the toilet.
He attempted to flee but was caught by the victim’s uncle who happened to be nearby.
DPP Heng said the victim was still in the toilet with her pants at her knee level and crying. She related the incident to her father.
A specialist medical doctor at the Sibu Hospital who examined the victim on April 24 confirmed the victim suffered an injury on her private part, and bruises on her right arm and left leg.
In mitigation, the accused pleaded for a lenient sentence, asking for a chance to turn over a new leaf.
The DPP pressed for a deterrent sentence in the interest of justice and public policy to reflect the severity of the case.
