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Judicial CP - September 1998

Borneo Mail, Kota Kinabalu, 4 September 1998

Local youth gets 15 years, whip for raping minor

KOTA KINABALU: A local youth from Luyang was jailed 15 years and ordered whipped 10 times Thursday by the Sessions Court here for raping a nine-year-old girl.

Jamadil bin Sapar, 22, pleaded guilty before court judge Abdul Rahman Sebli to the charge framed under Section 376 of the Penal Code of committing the offence in a house at Kampung Shantung, Luyang between March 1 and 20 last year.

Jamadil and the girl are neighbours. He raped her on several occasions.

He was arrested following a police report lodged on Dec 20, 1997 by the girl's mother after being told about the rape by her younger daughter who had seen him raping the victim, prosecuting officer ASP Bernard Leo told the court.

The girl had kept the rape incidents from her family as Jamadil had promised to marry her.

Leo tendered a medical report on the girl confirming a tear in her hymen as an exhibit by Leo.

He urged for a deterrent penalty because rape cases involving young girls were rampant in Sabah.

In passing sentence Abdul Rahman dismissed a request for leniency from the undefended Jamadil, who said that he was not aware it was an offence to have sex with a minor.

The court has to impose a heavy sentence even though Jamadil is still young as "you've raped the girl who is still young not once, but several times", said Abdul Rahman, adding that public interests also call for stiff punishment on rape cases.

Daily Express, Kota Kinabalu, 23 September 1998

Too many rapes in Sabah, so duo lose plea

KOTA KINABALU: The High Court dismissed Tuesday appeals by two men against their Sessions Court conviction and sentence for raping a 17-year-old girl last May, taking note of the increase in rapes throughout Sabah.

Petrus Boilin, 30, and Salim Ginsawat, 39, have to spend the next 10 years behind bars and receive six strokes of the cane each after Judge Datuk Seri Panglima Charles Ho disallowed their appeal.

Ho said: "I see there is no good reason to interfere with the decision of Sessions Court judge Abdul Rahman Sebli as rape cases are increasing in the State."

Petrus and Salim were jailed 10 years and ordered caned six times each after they pleaded guilty before Rahman on May 29 to raping the girl in a bush at Kampung Linungkuan, Tuaran near here, between 11pm and 12pm on June 3 last year.

They were represented by counsel VK Liew while Deputy Public Prosecutor Mahmud Abdullah appeared for the respondent.

Rape is punishable under Section 376 of the Penal Code which carries a mandatory jail sentence of between five years and 20 years plus whipping.

Copyright Daily Express, Sabah, Malaysia

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