Labourer claims trial to eight rape, sexual assault charges involving two nieces

KOTA BHARU: A 26-year-old labourer was charged at the Sessions Court here today with eight counts of rape and physical sexual assault against two of his underage nieces between January 2018 and December 2022.

The accused pleaded not guilty after all the charges were read separately before Judge Zulkifli Abdullah and Judge Nik Habri Muhamad.

On the first and second charges, he is accused of committing physical sexual assault on a girl when she was six years and 10 months old and eight years old, at a house in Kuala Krai at about 12pm on Jan 10, 2018 and 12.30pm on Aug 3, 2019.

Those charges were framed under Section 14(a) of the Sexual Offences Against Children Act 2017, which carries up to 20 years' jail and whipping upon conviction.

On the third charge, the man is accused of raping the same victim when she was 10, in circumstances where the relationship was prohibited by law, religion, custom or usage from marriage, at the same location at about 3pm on May 25, 2020.

Under three further charges, he is accused of raping another niece, aged 10, at the same house between about 2.30pm and 4pm during the period of Aug 30, 2020 to Dec 11, 2022.

Those four charges were brought under Section 376(3) of the Penal Code, which provides for not less than eight and up to 30 years' jail and 10 strokes of the cane upon conviction.

The seventh and eighth charges relate to physical sexual assault on the second victim at about 2.30pm on Dec 11, 2022, framed under Section 14(d) of the Sexual Offences Against Children Act 2017 and punishable under Section 14 of the same Act.

The prosecution was conducted by Deputy Public Prosecutor Siti Asma'a Che Omar together with Syazalia Che Suhaimin, while the accused was represented by lawyer Nik Mohamad Naqib Mohamad Nor.

Siti Asma'a did not propose any bail, but Nik Mohamad Naqib applied for his client to be granted bail.

The court allowed bail of RM12,000 for the seventh and eighth charges and directed the defence to file a written bail application for the remaining six charges. The case was fixed for mention on Sept 7, and the accused did not post the bail.