Johor Bahru: An Indian man was brought before the Sessions Court here today on two charges of raping and having unnatural intercourse with his own child last month.
The accused, 45, pleaded not guilty to both charges after being read by a court interpreter in Tamil in front of Judge Siti Noraida Sulaiman.
Based on the first charge, the father of five is accused of raping his three-year-old youngest daughter which the man's relationship with the victim is not allowed under the law.
For that act, the accused is charged according to Section 376(3) of the Penal Code which carries a maximum prison sentence of 30 years and can be whipped up to 10 lashes, if convicted.
Whereas, for the second charge, the accused is accused of intentionally committing intercourse against the natural order against the same child.
Prosecution for the second charge was made in accordance with Section 377C of the Penal Code which provides for a maximum prison sentence of 20 years and whipping, if convicted.
Both acts were allegedly committed by the accused at the family's home near Tampoi on 13 December 2022.
Deputy Public Prosecutor Danial Munir did not offer any bail against the accused on the grounds that both acts are serious offenses that cannot be bailed.
"At the same time, the accused lives with the victim who is his biological child and there is a very high probability for the accused to disturb and communicate with the victim," he explained.
The court then agreed not to allow the accused, who was not represented by a lawyer, to be bailed before fixing next March 12 for mention again for case management and submission of documents and appointment of a lawyer.
The man has no previous criminal record and entered the country legally on a social visit pass.
The incident is said to have happened when his wife, who is also a local citizen, was out working in Singapore and at that time, the accused only lived with the victim and two other children, while the other two were at school.
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