(THE STAR/ASIA NEWS NETWORK) - A 68-year-old man was jailed 12 years by the court for sexually abusing an 11-month-old baby girl under the care of his daughter-in-law, who is a babysitter.
Sessions judge Mohamad Kamil Nizam also ordered Hashim Karim, a former lorry driver, to be whipped twice. The judge meted out the sentence after Hashim admitted to the charge on Tuesday (Sept 4).
Hashim was accused of committing the offence at a house in Shah Alam at about 4pm on Aug 20 this year, and was charged under Section 377CA of the Penal Code for committing sexual connection by object.
Earlier in mitigation, Hashim who was clad in an olive green shirt and white short pants, said that he was jobless and had to take care of his schoolgoing child.
But Deputy Public Prosecutor Aimi Syazwani Sarmin urged the court to mete out a deterrent sentence to serve as a lesson to the accused, as it involved a baby.
She said: "The victim is like a granddaughter to the accused and he should have taken good care of the baby instead of causing injury to her.
"Although he is 68 years old, he is not spared from being whipped, as he is a sexual offender. This is allowed under the law."
She also applied to the court to restrain the media from publishing the identities of and information related to the victim under Section 14 of the Evidence of Child Witness Act 2007.
Judge Mohamad Kamil granted her application.
Based on the statement of facts, the baby's parents had sent her to the babysitter's house every day except for weekends.
On Aug 20, they sent their baby to the babysitter's house as usual. At 4pm that day, the babysitter asked the accused, who is her father-in-law, to look after the victim, as she needed to renew her road tax and car insurance.
When the babysitter returned, she found the infant crying continuously in the cradle and saw blood on the baby's pants.
The parents subsequently took their child to hospital after they discovered there was blood on the child's diaper and the blood was coming out from her private part.
An obstetrician and gynaecologist specialist who examined the child said a huge blunt object, which was forced into her private part, could have caused the injury sustained by the infant.
Police investigations showed that the accused had told his son that he had inserted his finger into the victim's private part, and another person overheard the conversation.