KOTA KINABALU: A security guard was yesterday given a seven-year jail sentence and one stroke of the cane for raping his underage cousin three months ago.Sessions Court Judge Ismail Brahim convicted the 27-year-old of a statutory rape charge under Section 376 of the Penal Code which provides for a jail term of between five and 20 years and whipping.

The accused, who is a Filipino, admitted that he raped his 15-year-old cousin behind a house in Likas at 8pm on July 31 this year.

Deputy public prosecutor Shukor Abu Bakar said the accused was arrested after the victim lodged a report with the police on Oct 7.

She was raped by her cousin until she became pregnant.

Police investigation revealed that on July 31 this year the accused had brought the victim behind her house where he raped her.

In pleading for leniency, the accused told the court that he and the victim were lovers. However, Shukor pressed for a deterrent sentence to serve as a lesson to the accused as the victim was a minor.

“The victim’s future has been ruined and she has to look after her child without a father,” he added.

Meanwhile, the same accused claimed trial in another Sessions Court to a charge of entering the state illegally.

The accused claimed before High Court Deputy Registrar Zain Fishir@ Fisal that he was born in Sabah and had a birth certificate.

Shukor told the court that when the accused was arrested at 1Borneo at 7pm on Oct 7 this year the latter failed to produce any valid identification document.

Zain put off the case to Nov 16, pending a verification from the National Registration Department on the status of the accused’s nationality.

The accused is charged under Regulation 6 (1) (e) of the Immigration Act 1959/63 which provides for a fine not exceeding RM10,000 or a jail term of up to five years and whipping upon conviction.

The accused was later brought to the Magistrate’s Court where he claimed trial to a charge under the Dangerous Drugs Act for allegedly consuming syabu.

He was arrested at Karamunsing police station at 2.42am on Oct 8 this year.

Senior Assistant Registrar Mohd Faiz Omar, who sat as a Magistrate, fixed Dec 2 this year for re-mention after being told by prosecuting officer Chief Inspector Ismail Mohd Razali that the analysis report on the drug is not ready.

The accused is charged under Section 15 (1) (a) of the Dangerous Drugs Act 1952. The offence carries a jail term of up to two years and a fine of RM5,000 upon conviction.