JOHOR BARU: A former security guard was charged at the Sessions Court here today with the alleged rape and robbery of his niece last month.
The 31-year-old man, who claimed to suffer from mental disability, pleaded not guilty after the charges were read to him before Judge Rasidah Roslee.
According to the charge sheet, the man is accused of raping his niece, 33, in a room at a house in Taman Cempaka at 4.30am on Aug 26.
He was charged under Section 376(3) of the Penal Code for rape, which carries the maximum 30 years jail sentence and up to 10 strokes of whipping upon conviction.
Deputy public prosecutor S Thiviya proposed bail at RM20,000 with one surety and three additional conditions.
The accused, who was unrepresented, however, informed the court that he had no surety and requested a psychiatric evaluation, citing ongoing mental health treatment.
Rasidah did not grant bail and postponed the case to Sept 25 to verify the accused's OKU status.
"I instruct the investigating officer to submit all relevant documents on the accused's status, including his OKU card and mental health treatment records.
"Bail will be considered once a surety is available," she said.
In a courtroom before Judge Hazelia Mohammad, the man was also charged with robbing his niece of RM40, SGD20, and a mobile phone at the same time and place as the alleged rape.
He pleaded not guilty to the charge under Section 392 of the Penal Code, which is read with Section 397.
If convicted, he faces up to 14 years in prison, with the possibility of a fine or caning.
Deputy Public Prosecutor Nur Diyana Zubir proposed bail at RM20,000 with one surety and additional conditions, including monthly reporting to the police station, surrendering his passport, and refraining from contacting the victim.
The court later set bail at RM10,000 with the conditions attached. The court also set for Sept 25 as mention to allow for the appointment of lawyers and the submission of the accused's mental health report.