AMPANG: A soldier with the rank of corporal claimed trial at the Sessions Court today to two charges of rape and one count of sexually assaulting his 12-year-old stepdaughter this year.
Asroy Rahim, 29, made his plea before judge Norshila Kamaruddin.
He was accused of raping the girl twice – about 3pm in June, and 8am on Aug 18.
If convicted under Section 376(3) of the Penal Code, Asroy could be jailed for no less than eight years, and a maximum of 30 years; and be given no less than 10 strokes of the rotan.
He also sexually assaulted the girl about 4pm in July.
The offence under Section 14(a) of the Sexual Offences Against Children Act 2017 carries a maximum sentence of 20 years in jail, and whipping, upon conviction.
The acts allegedly took place at a house in Persiaran Baiduri, Cheras.
Deputy public prosecutor Nurfadzlin Mahmad Zulhasnan did not offer bail as the offences were serious and non-bailable.
"This is after taking into consideration the relationship between the accused and the victim, who is his stepdaughter, and the girl's mother, who is still his legal wife.
"However, if the court allows bail, I am suggesting RM30,000 for all charges. The accused must report to the nearest police station every month, surrender his passport to the court, and not harass the victim, who is now under the care of the Welfare Department," she said.
Lawyer Mark Jeyakumar Michael asked the court to consider a bail of RM10,000 for all charges, as his client's wife was not working, and they have three biological children aged one, four, and six.
"She will be his bailor. She is fully dependent on the accused for their household expenses. We ask that the court consider a lower bail amount as his wife needs him to take care of the family."
Nurfadzlin objected to the bail amount suggested by Michael, and for the accused's wife to post bail, as she would be a prosecution witness.
"Moreover, she is not working, and being a bailor will be an additional burden. I ask for another person to post bail.
"According to the case's investigating officer, the accused is not suspended from work," Nurfadzlin added.
Norshila set bail at RM15,000 with one surety for all charges and ruled for the bailor to not be a prosecution witness.
She also imposed several additional conditions on the accused, and told the victim's mother, who was present in court, to take note of them.
"The accused is barred from visiting the victim, even with the presence of the mother.
"He must not talk, influence, or even (send) messages to the victim, or do anything that can disrupt the trial," she said.
The court set Nov 6 for mention.