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 found the prosecution proved a prima facie case beyond reasonable doubt: the complainant gave consistent, detailed and credible sworn testimony of penetration by the three accused, corroborated by an independent witness (SP4) and circumstantial evidence identifying the location and sequence of events; common intention was inferred from prior contact, transport of complainant to an isolated house and contemporaneous presence and actions of the accused; defence amounted to bare denial and afterthought and failed to raise reasonable doubt; accordingly the accused were convicted under Section 375B Kanun Keseksaan.

Citation
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Parties
Prosecutor: 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 Offence (gang Rape) / Trial — Judgment and Sentencing
Outcome
Accused convicted under Section 375B Kanun Keseksaan. OKT 2 and OKT 3 sentenced to imprisonment; OKT 1 discharged to a good conduct bond with conditions.
Legal Topics
Gang Rape, Consent and Penetration, Prima Facie Proof, Credibility of Witnesses, Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Gang Rape Consent and Penetration Prima Facie Proof Credibility of Witnesses Sentencing Principles

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Parties

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 Offence (gang Rape) / Trial — Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved all elements of gang rape under Section 375B (victim under 16, penetration, common intention)
  2. 2 Whether complainant and corroborating witnesses were credible and reliable
  3. 3 Whether defence evidence raised reasonable doubt

Ratio Decidendi

The court found the prosecution proved a prima facie case beyond reasonable doubt: the complainant gave consistent, detailed and credible sworn testimony of penetration by the three accused, corroborated by an independent witness (SP4) and circumstantial evidence identifying the location and sequence of events; common intention was inferred from prior contact, transport of complainant to an isolated house and contemporaneous presence and actions of the accused; defence amounted to bare denial and afterthought and failed to raise reasonable doubt; accordingly the accused were convicted under Section 375B Kanun Keseksaan.

Court Disposition

Accused convicted under Section 375B Kanun Keseksaan. OKT 2 and OKT 3 sentenced to imprisonment; OKT 1 discharged to a good conduct bond with conditions.

Orders

  • OKT 2 (Muhammad Azeem bin Abdul Rahman) sentenced to 10 years' imprisonment from date of conviction; ordered to undergo counselling while incarcerated; subject to 2 years' supervision upon release.
  • OKT 3 (Mohamad Ariff Haikal bin Arapin) sentenced to 10 years' imprisonment from date of conviction; ordered to undergo counselling while incarcerated; subject to 2 years' supervision upon release.