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

The court convicted the accused because the prosecution proved beyond reasonable doubt the elements of Section 375B: the complainant was under sixteen, credible sworn testimony established penile penetration corroborated by witness SP4 and circumstantial evidence and medical findings, identification was reliable despite procedural irregularities, and the defendants’ explanations were bare denials/afterthoughts incapable of creating reasonable doubt; common intention to commit gang rape was inferred from planning, proximity and conduct.

Citation
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor (Puan Nur Aqilah Syaza binti Ariffin); 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 Gang Rape (section 375 B) / Judgment and Sentencing
Outcome
Accused convicted under Section 375B Kanun Keseksaan; OKT2 and OKT3 sentenced to imprisonment; OKT1 given a bond and supervisory conditions as a juvenile.
Legal Topics
Gang Rape, Rape of a Minor, Prima Facie Test, Identification Evidence, Demeanour Assessment, Circumstantial Evidence, Juvenile Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Law Gang Rape Rape of a Minor Prima Facie Test +4 more

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Parties

Public Prosecutor (Puan Nur Aqilah Syaza binti Ariffin)

Prosecutor

Noor Danial Hamizan bin Mohd Noor

Accused

Muhammad Azeem bin Abdul Rahman

Accused

Mohamad Ariff Haikal bin Arapin

Accused

Procedural Posture

Criminal Gang Rape (section 375 B) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved elements of Section 375B (victim under sixteen, penetration, common intention) beyond reasonable doubt
  2. 2 Whether identification of the accused was reliable despite procedure lapses
  3. 3 Whether defence evidence raised a reasonable doubt

Ratio Decidendi

The court convicted the accused because the prosecution proved beyond reasonable doubt the elements of Section 375B: the complainant was under sixteen, credible sworn testimony established penile penetration corroborated by witness SP4 and circumstantial evidence and medical findings, identification was reliable despite procedural irregularities, and the defendants’ explanations were bare denials/afterthoughts incapable of creating reasonable doubt; common intention to commit gang rape was inferred from planning, proximity and conduct.

Court Disposition

Accused convicted under Section 375B Kanun Keseksaan; OKT2 and OKT3 sentenced to imprisonment; OKT1 given a bond and supervisory conditions as a juvenile.

Orders

  • Noor Danial Hamizan bin Mohd Noor (OKT1): Bound over under Section 91(1)(b) for 3 years with one bond of RM6,000 (with payment) and two sureties, one of whom is not an immediate family member; report monthly to Sungai Siput police station (every Monday) during bond period; curfew to remain at home 9.00 pm to 7.00 am...
  • Muhammad Azeem bin Abdul Rahman (OKT2) and Mohamad Ariff Haikal bin Arapin (OKT3): Each sentenced to 10 years' imprisonment from date of conviction; each subject to two years' supervision after release and ordered to undergo counselling while in custody; (dates of sentencing recorded in reasons).