INDONESIAN MAN GET JAIL & CANE FOR RAPING UNDERAGE GIRL

Rape in bush: Indonesian gets jail and cane

KOTA KINABALU April 11, 2012: An Indonesian man will spend 15 years behind bars and receive two strokes of the cane for having sex with an underage girl.

Sessions Court Judge Ismail Brahim passed the sentence yesterday on Filarius Dakosta, 28, for raping the 15-year-old Filipina in the bush near the river behind the 1Borneo hypermall, Jalan Sulaman on July 15, 2011.

The unrepresented accused was found guilty of statutory rape under Section 376 (2) (b) of the Penal Code, which provides for a maximum of 30 years’ jail and whipping.

In his reserved decision, Ismail held that the defence had failed to cast reasonable doubt on the prosecution’s case.

The court ordered Dakosta to serve the sentence from the date of his arrest on Aug 21, 2011 and to be referred to the Immigration Department after his release from prison.

Ten witnesses were called to testify against Dakosta while the accused was the sole defence witness.

Deputy public prosecutor Nartiah F Mirchelle Sambatan pressed for a heavier sentence as the offence was a serious one.

She submitted the victim had taken advantage of an underage girl who suffered trauma as a result.