Man sent for mental observation after pleading guilty to sexually assaulting niece

The court complex in Kuching.

By Dorcas Ting

KUCHING, Aug 9: An unemployed man who was charged with attempting to commit incest with his niece and threatened to kill her, was ordered to get mental observation for a month.

The accused, 26, pleaded guilty to two charges read before Session’s Court Judge Mohd Taufik Mohd Yusoff here, today.

In his mitigation, the accused claimed that he suffered mental problem but failed to prove it in court.

DPP Nurfadzlin Mahmad Zulhasnan applied to let the accused be observed at the Kota Sentosa Hospital here.

The court fixed Sept 10 for mention of the case and the tender of the mental report.

For the first charge, the accused was said to have rubbed his genitals against the victim’s genitalia at her home at Matang, at about 3am on Aug 3, 2019.

He was charged under Section 376 of the Penal Code, read together with Section 511 of the Penal Code, which carries a maximum 10-year jail term and whipping upon conviction.

For the second charge, the accused was said to have committed criminal intimidation by putting a knife on the victim’s neck, while threatening to kill her.

He was charged under section 506 of the Penal Code, which carries a maximum 7-year jail term and fine upon conviction.

According to the facts of the case, the victim was sleeping in her room alone when the incident happened. It was said that the victim had awaken when she felt that someone was on her bed. She opened her eyes and saw her uncle.

The accused pressed a knife against the victim’s neck and threatened her to remain silent, as he removed their pants before rubbing his genitals against the victim.

DPP Nurfadzlin Mahmad Zulhasnan prosecuted while the accused is unrepresented. — DayakDaily