KOTA BARU - A father of seven was jailed for 15 years by the Sessions Court here after he was found guilty of raping a mentally-challenged woman who then gave birth to a baby boy.
Sessions judge Rofiah Mohamad passed the sentence, to run from yesterday, after Mokhtar Hassan, 53, a security guard, was found guilty of raping the then 18-year-old woman in a house at Kampung Berdang, Jeli, in April 2006.
She said Mokhtar was lucky to escape being whipped for the offence because the crime was committed before the laws under the Criminal Procedure Code for sexual offences were amended in 2007 to include whipping for those above 50.
Before the change, under the Section 376 of the Penal Code, anyone above the age of 50 found guilty of rape was exempted from caning but could be jailed a minimum of five years up to a maximum of 20.
"The crime you committed is very serious, to the extent that the victim gave birth to a baby and now she is unable to take care of her child because of her condition.
"You are very lucky that you committed the offence before the amendment was made. Otherwise, I would surely include the caning sentence," Rofiah said in her judgment.
Mokhtar's counsel Faizal Abd Rahman applied for a stay of execution pending appeal at the High Court.
According to the case facts, the victim's family lodged a police report after finding out that their daughter was pregnant.
Mokhtar was later arrested and the baby, who was born on Feb 12, 2007, was confirmed to be his child after a DNA test.
--The Star/Asia News Network