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 prosecution proved beyond reasonable doubt the elements of gang rape under Section 375B: the victim was a female minor under sixteen, penetration by the accuseds occurred (established by credible sworn testimony and corroborated by an eyewitness and circumstantial evidence), and the accuseds shared a common intention to commit the sexual acts; defence evidence amounted to bare denials and afterthoughts and failed to raise reasonable doubt, leading to conviction and sentencing as recorded.

Citation
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused: Noor Danial Hamizan bin Mohd Noor (041009-08-1187); Accused: Muhammad Azeem bin Abdul Rahman (021108081141); Accused: Mohamad Ariff Haikal bin Arapin (010327-08-0583)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 June 2025
Case Number
AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial / Conviction and Sentencing
Outcome
All three accused convicted of gang rape under Section 375B Penal Code. OKT2 and OKT3 convicted and sentenced to imprisonment; OKT1 (juvenile at offence) convicted and placed on bond with conditions.
Legal Topics
Gang Rape (section 375 B), Rape of a Minor (section 375), Prima Facie Standard, Identification Evidence, Circumstantial Evidence, Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Law Gang Rape (section 375 B) Rape of a Minor (section 375) Prima Facie Standard +3 more

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Parties

Public Prosecutor

Prosecutor

Noor Danial Hamizan bin Mohd Noor (041009-08-1187)

Accused

Muhammad Azeem bin Abdul Rahman (021108081141)

Accused

Mohamad Ariff Haikal bin Arapin (010327-08-0583)

Accused

Procedural Posture

Criminal Trial / Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved the elements of gang rape under Section 375B Penal Code
  2. 2 Whether the victim was under sixteen years and therefore rape per Section 375(f) regardless of consent
  3. 3 Whether penetration was established (sufficient for rape)

Ratio Decidendi

The prosecution proved beyond reasonable doubt the elements of gang rape under Section 375B: the victim was a female minor under sixteen, penetration by the accuseds occurred (established by credible sworn testimony and corroborated by an eyewitness and circumstantial evidence), and the accuseds shared a common intention to commit the sexual acts; defence evidence amounted to bare denials and afterthoughts and failed to raise reasonable doubt, leading to conviction and sentencing as recorded.

Court Disposition

All three accused convicted of gang rape under Section 375B Penal Code. OKT2 and OKT3 convicted and sentenced to imprisonment; OKT1 (juvenile at offence) convicted and placed on bond with conditions.

Orders

  • OKT2 (Muhammad Azeem) and OKT3 (Mohamad Ariff Haikal) sentenced to 10 years imprisonment each from date of conviction.
  • OKT2 and OKT3 subject to a 2‑year supervision order after completion of prison term and ordered to undergo counselling while incarcerated.