RULAM AKBAL BIN ABD MANAN

RULAM AKBAL BIN ABD MANAN

The defence raised a reasonable doubt on the prosecution's case by adducing credible, consistent evidence and circumscribing circumstances (presence of intermediary, complainant's conduct, FIR and subsequent invitation for treatment) that supported consent or at least undermined proof of criminal intent; therefore prosecution failed to prove s.354 beyond reasonable doubt and accused is acquitted.

Citation
TE-83JS-1-12/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Rulam Akbar bin Abd Manan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
7 September 2025
Case Number
TE-83JS-1-12/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Trial Judgment (end of Defence)
Outcome
Acquitted and discharged
Legal Topics
Assault to Outrage Modesty (s.354 Penal Code), Consent, Burden of Proof Beyond Reasonable Doubt, Credibility and Corroboration
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Assault to Outrage Modesty (s.354 Penal Code) Consent Burden of Proof Beyond Reasonable Doubt Credibility and Corroboration

Case Brief

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Parties

Public Prosecutor

Prosecution

Rulam Akbar bin Abd Manan

Accused

Procedural Posture

Criminal / Trial Judgment (end of Defence)

Legal Issues

  1. 1 Whether the accused used criminal force with intent to outrage the complainant's modesty under s.354 Penal Code
  2. 2 Whether the touching was without consent
  3. 3 Whether the defence raised a reasonable doubt sufficient to acquit

Ratio Decidendi

The defence raised a reasonable doubt on the prosecution's case by adducing credible, consistent evidence and circumscribing circumstances (presence of intermediary, complainant's conduct, FIR and subsequent invitation for treatment) that supported consent or at least undermined proof of criminal intent; therefore prosecution failed to prove s.354 beyond reasonable doubt and accused is acquitted.

Court Disposition

Acquitted and discharged

Orders

  • Accused Rulam Akbar bin Abd Manan is acquitted and discharged of the first charge under s.354 Penal Code
  • The order of discharge previously entered in respect of the second charge is maintained