Grandfather acquitted of incest charges after victim could not be found

Violence against women and children. — DayakDaily.com file pic. // Photo: PIxabay

By Dorcas Ting

KUCHING, August 13: A grandfather who was charged with attempting to commit incest against his 10-year-old granddaughter, as well as for physically sexually assaulting her was discharged by the Sessions Court here, not amounting to acquittal.

Sessions Court Judge Jason Juga discharged not amounting to acquittal four charges against the accused, 59, from Kampung Sebandi as the 10-year-old victim could not be traced.

The judge also said that the prosecution is at liberty to charge the accused again once the victim could be traced and if the prosecution decided to charge the accused again.

The accused was charged with making his granddaughter touch and suck his private part, between 8pm on October 19, 2018 and 2am on October 20, 2018, at a house in Kampung Sebandi.

He was charged under Section 14(b) of the Sexual Offences Against Children 2018 which is punishable under Section 14 of the same Act, which carries a maximum imprisonment term of twenty years and shall also be liable to whipping.

He was also charged with attempting to commit incest against her, by inserting his finger into his granddaughter’s private part and touching and licking his granddaughter’s vagina, between 8pm on October 19, 2018 and 2am on October 20, 2018, at a house in Kampung Sebandi.

He was charged under Section 376B of the Penal Code which is to be read together with Section 511 of the same Act for attempting to commit incest.

He was also charged under Section 377C of the Penal Code and charged under Section 14(d) of the Sexual Offences Against Children 2017 which is punishable under Section 14 of the same Act.

DPP Nurfadzlin Mahmad Zulhasnan prosecuted while the accused was represented by Counsel Abdul Rahman Mohamad Hazmi. — DayakDaily

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