1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Victim's detailed, consistent sworn testimony corroborated by an independent witness, photographic identification of scene, medical evidence of hymenal tear, and credible circumstantial facts established penetration and that the three accused acted with common intention to commit gang rape under s375B; defence denials were found to be afterthoughts and bare denials; accordingly accused convicted and sentenced as set out.

Citation
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Penda kwaraya (Public Prosecutor); Accused: Noor Danial Hamizan bin Mohd Noor; Accused: Muhammad Azeem bin Abdul Rahman; Accused: Mohamad Ariff Haikal bin Arapin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 June 2025
Case Number
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences (gang Rape) / Judgment and Sentencing
Outcome
All three accused convicted under Section 375B Kanun Keseksaan; OKT2 and OKT3 sentenced to imprisonment; OKT1 (juvenile at offence) placed on good behaviour bond with conditions.
Legal Topics
Gang Rape, Prima Facie Test, Penetration Element, Identification Evidence, Circumstantial Evidence, Sentencing Discretion, Bon Kelakuan Baik
Source Language
Malay/English
Criminal Law Sexual Offences Youth/child Protection Evidence Law Sentencing Gang Rape Prima Facie Test Penetration Element +4 more

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Parties

Penda kwaraya (Public Prosecutor)

Prosecutor

Noor Danial Hamizan bin Mohd Noor

Accused

Muhammad Azeem bin Abdul Rahman

Accused

Mohamad Ariff Haikal bin Arapin

Accused

Procedural Posture

Criminal Sexual Offences (gang Rape) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved gang rape under Section 375B Kanun Keseksaan
  2. 2 Whether the victim was under sixteen at time of offence
  3. 3 Whether penetration was established

Ratio Decidendi

Victim's detailed, consistent sworn testimony corroborated by an independent witness, photographic identification of scene, medical evidence of hymenal tear, and credible circumstantial facts established penetration and that the three accused acted with common intention to commit gang rape under s375B; defence denials were found to be afterthoughts and bare denials; accordingly accused convicted and sentenced as set out.

Court Disposition

All three accused convicted under Section 375B Kanun Keseksaan; OKT2 and OKT3 sentenced to imprisonment; OKT1 (juvenile at offence) placed on good behaviour bond with conditions.

Orders

  • Conviction: All three accused found guilty of gang rape contrary to Section 375B Kanun Keseksaan.
  • OKT 2 and OKT 3 sentenced to 10 yearsʼ imprisonment each from date of conviction.