AMYRUL SHAH BIN KAMARUL ZAMAN

AMYRUL SHAH BIN KAMARUL ZAMAN

The court accepted the victim's consistent testimony corroborated by medical findings, documentary evidence (birth certificate), and the accused's prior admission in a related proceeding, finding all statutory elements of s.376B established (penetration, victim under 16, prohibited relationship). Duplicity and procedural objections were rejected as each incident was separately charged with sufficient particulars. Defence alibis and interested witness testimony were not enough to raise reasonable doubt. Accordingly the accused was convicted on six counts and sentenced according to the gravity and multiplicity of offences with consecutive terms and ordered to pay compensation.

Citation
RA-62JSK-4-02/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Amyrul Shah bin Kamarulzaman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 September 2025
Case Number
RA-62JSK-4-02/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing (conviction on Trial)
Outcome
Accused convicted on six counts under Section 376B Penal Code (incest) and sentenced.
Legal Topics
Incest, Rape, Sexual Offences Against Minors, Prima Facie Test, Admission (evidence), Duplicity of Charges, Sentencing, Compensation
Source Language
Malay/English
Criminal Law Family Law Evidence Law Incest Rape Sexual Offences Against Minors Prima Facie Test Admission (evidence) +3 more

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Parties

Pendakwa Raya

Prosecution

Amyrul Shah bin Kamarulzaman

Accused

Procedural Posture

Criminal / Judgment and Sentencing (conviction on Trial)

Legal Issues

  1. 1 Whether prosecution established a prima facie case on each charge under s.376B Penal Code
  2. 2 Whether the relationship between accused and victim constituted a prohibited relationship (incest)
  3. 3 Credibility of the victim and corroboration of medical and documentary evidence

Ratio Decidendi

The court accepted the victim's consistent testimony corroborated by medical findings, documentary evidence (birth certificate), and the accused's prior admission in a related proceeding, finding all statutory elements of s.376B established (penetration, victim under 16, prohibited relationship). Duplicity and procedural objections were rejected as each incident was separately charged with sufficient particulars. Defence alibis and interested witness testimony were not enough to raise reasonable doubt. Accordingly the accused was convicted on six counts and sentenced according to the gravity and multiplicity of offences with consecutive terms and ordered to pay compensation.

Court Disposition

Accused convicted on six counts under Section 376B Penal Code (incest) and sentenced.

Orders

  • Accused sentenced to 12 years' imprisonment for each count and three strokes of the cane for each count; sentences to run consecutively across the six convictions starting with case RA-62JSK-3-02/2023 followed by RA-62JSK-4-02/2023 (aggregate imprisonment 72 years).
  • Accused to pay compensation to the victim of RM6000 under Section 426(1A) Criminal Procedure Code; default in payment to attract 6 months' imprisonment.