Father, uncle get jail terms and caning for rape attempt,molesting girl

National 2 minutes, 19 seconds

BANDAR SERI BEGAWAN

TWO men were sentenced yesterday to serve a jail term and whippings after the High Court convicted the duo for the joint charges of attempted rape and outraging the modesty of a 13-year-old girl three years ago.

The defendants were the victim’s 40-year-old father and 32-year-old maternal uncle.

The trial judge Chief Registrar Pg Hjh Rostaina Pg Hj Duraman sentenced the victim’s father to serve 12 years in jail and 12 strokes of the cane after he was found guilty of outraging Miss X’s modesty and attempted to commit rape on her some time in 2012.

Meanwhile, the uncle, who faces similar charges as his brother-in-law, was sentenced to serve nine years and 12 strokes of the cane after he was found guilty of outraging Miss X’s modesty and attempted to rape his niece some time in 2012.

It was the prosecution’s case that sometime in 2012 at around midnight, Miss X was at home sleeping in her room when she woke up and realised that her father was touching her private parts.

This was followed by another incident when the defendant attempted to rape her but was unsuccessful. At the time, Miss X was scared to cry or shout for help from her aunt, who was sleeping in the same room. She was also scared that her grandparents would scold her if she made any noise.

Miss X testified that the incidents with her father happened after the incidents with her uncle who had also touched her private parts and attempted to rape her.

When Miss X went missing from school, her classmates found her hiding at a dumpster and from there the victim told them about the incident that happened with her father and her uncle. Soon after, Miss X told the incident to her mother and teacher. She was then brought to the Community Development Department.

This led to the arrest of both defendants by police officers from Women and Children Abuse Investigation Unit (WCAIU) at the Criminal Investigation Department.

During the trial, the victim’s father denied that he had committed both the alleged offences on grounds that he was living elsewhere when the incident occurred. He further said that the statement he gave to the police where he had purportedly confessed to the offences was taken while he was in a state of confusion.

During the maternal uncle’s cross-examination, he admitted to the charge of attempted rape of his niece and that the statement he gave to the WCAIU was the truth.

The court has ordered for the victim’s father to serve the jail term with effect from November 13, 2013, the day when he was first remanded. Meanwhile, the victim’s uncle was ordered to serve the jail term and whipping with immediate effect.

The Brunei Times