Man charged with sodomising step-daughter
KUALA LUMPUR: An air conditioning technician today claimed trial at the Sessions Court to a charge of committing carnal intercourse with his nine-year-old step-daughter last month.
The 40-year-old entered his plea after the charge was read out to him before judge Zulqarnain Hassan.
He was accused of committing the act on the girl, as someone entrusted to her as a stepfather, whose relationship to him is such that he is not permitted under the law, religion, or custom to marry her.
The alleged offence occurred at 2am at the balcony of an apartment in Cheras on April 8.
The charge, under Section 377C of the Penal Code, provides a maximum 20-year jail term and is liable to whipping upon conviction.
It was read with Section 16(1) of the Sexual Offences Against Children Act, which carries a jail term not exceeding five years and not less than two lashes if found guilty.
Deputy public prosecutor Faizah Khalilah Zaberi did not offer bail due to the family ties between the accused and the victim.
"Investigations reveal they live under the same roof. We are worried that if bail is given, he will harass her and the prosecution witnesses.
"The accused is charged with a serious offence under the Penal Code, and it involves a child victim," she said.
In mitigation, lawyer Charanpal Singh applied for bail for his client, who is supporting his unemployed first wife and four biological children aged between 14 and 7.
"The victim is his second wife's daughter. He is not yet convicted under Section 377C, and if he is refused bail, he will not be able to take care of his family.
"We have no objection if the court wants to impose other conditions, such as reporting to the police station.
"I understand that this case involves a child victim. She is now under the care of her mother, who will surely not allow her to go near the accused," he said.
In a rebuttal, Faizah stood by her stance not to offer bail.
"Although the lawyer said the victim is under the mother's care, I ask the court to consider the fact that they are still married.
"There is a high probability that he will harass her through various communications, and this is a sexual crime against a child, who is the accused's stepchild," she said.
After hearing the submissions from the prosecution and defence, Zulqarnain denied the accused bail.
"The court is of the opinion that it is not appropriate to give bail.
"The charge is serious and it involves a sexual crime against a child," he said.
The court set June 17 for document submission.
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