Man in Malaysia charged with incest but claims daughter wants to retract statement

A Malaysian man, 34,  was charged with two counts of committing incest with his 18-year-old daughter despite claiming that she wished to retract her allegations. 

The accused who was unemployed, made the request during mitigation to judge Norma Ismail after he was charged with two counts of having sex with his daughter. 

Said the accused in court: "I wish to tell the court that my daughter wants to retract her report against me.”

The court heard that the accused had first committed incest with his eldest daughter who was 16 then, back in Nov 2015 at their home in Jalan Saujana 3/7, Taman Saujana, Bukit Katil.

The man committed incest with the same daughter again when she was aged 18, on Nov 14, 2017, reports New Straits Times

Deputy public prosecutor (DPP) Muhammad Azri Zakaria said in court that there had been no indication of the girl retracting her statements in the investigation papers.

DPP Azri added: "The charges are for incest, irrespective of whether there is a retraction of the report against the accused. It is the right of the prosecution to proceed with the case."

Judge Norma agreed with DPP Azri’s assessment and fixed mention for Dec 21, 2017.

The accused did not have a legal representative.

The charge of incest, under Section 376A and Section 376B(1) of the Penal Code, provides a maximum of an imprisonment term up to 30 years, and also caning. 

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