Crime & Courts

Judge cites proof of semen stains in ordering man to enter defence for rape

MUAR: The Sessions Court ordered a contractor to enter defence on three charges of raping his adopted daughter seven years ago.

The accused, 46, was charged with three counts of raping the girl, who was 16 at the time, under Section 376(1) of the Penal Code.

Judge Abu Bakar Manat said the prosecution proved a prima facie case against the accused and this was supported by evidence in the form of semen stains on a mattress and screenshots of conversations between the victim and the accused.

"Therefore, after a maximum evaluation as well as witnesses' evidence and documentary exhibits presented throughout the trial, the court orders the accused to enter defence," Abu Bakar said.

Ten prosecution witnesses testified in the trial which began in 2018.

According to the first charge, the accused allegedly raped the girl in a room of a house in the district between 2am and 4am in January 2017.

For the second and third charges, he was accused of committing the acts on the girl in July and December 2017 at the same time and place.

Each charge carries a maximum 20 years jail term as well as caning.

The facts of the case read that the accused's wife had taken the girl, who is her pupil, as an adopted child as the couple did not have any children.

After getting consent from the girl's family, the accused and his wife brought her back to their home where she was taken advantage of before a police report was made at the Parit Jawa station.

Deputy public prosecutor Danial Munir prosecuted while the accused was represented by lawyer Munirah Najihah Shaari.

The court set Aug 21, Sept 3 and 4 for the accused to enter defence.

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