40-year-old man gets jail term, whipping for molesting little girl

KOTA KINABALU: A 40-year-old man was sentenced to three years and six months’ imprisonment and to be whipped three times for molesting a three year-old girl.

Magistrate Nuruhuda Mohd Yusof handed down the sentence on Niuh Juman after he pleaded guilty to the charge when he was supposed to enter his defence yesterday.

The local fisherman admitted committing the offence by inserting his finger into the victim’s private part on Sept 18, 2012 at about 3.30pm at a house in Jalan Kuda Laut near here.

He was punished under Section 354 of the Penal Code which carries a jail term of up to 10 years and whipping and a fine, on conviction.

Niuh had claimed trial on April 4, and he was offered bail but he failed to furnish the bail and was remanded.

The prosecution called 12 witnesses during the trial and at the end of prosecution’s stage, the court ruled that the prosecution had established a prima facie case against the accused.

The accused was ordered to enter his defence which was scheduled to be heard yesterday but the accused decided to change his plea.

During mitigation, Niuh asked for leniency as he was remorseful with his action and that he has a family to look after.

However, the prosecution urged for a deterrent sentence as the accused had committed a serious crime against a very young girl.

Deputy public prosecutor Afzan Abd Kahar together with DPP Aida Jaafar Mad Ariff appeared for prosecution while Niuh was unrepresented.
-sabahtimes