SHAHRUL KAMAR BIN MOHAMED SHAHARUDDIN

SHAHRUL KAMAR BIN MOHAMED SHAHARUDDIN

Court accepted prosecution's evidence (CCTV authenticated in court, medical evidence of hymen tears, consistent witness testimony) established the elements of incest/rape and assault beyond a reasonable doubt; defence explanations were rejected as insufficient to create reasonable doubt, therefore accused convicted on all five charges.

Citation
AC-62JS-3-02/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: Shahrul Kamar bin Mohamed Shaharuddin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
1 August 2025
Case Number
AC-62JS-3-02/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences (incest, Rape and Assault) / Trial Concluded; Conviction and Sentencing in Sessions Court
Outcome
Accused convicted on five counts and sentenced
Legal Topics
Incest, Rape, Sexual Assault, Admissibility of Electronic Evidence, Vulnerable Victims, Concurrent Sentencing
Source Language
Malay/English
Criminal Law Evidence Sentencing Incest Rape Sexual Assault Admissibility of Electronic Evidence Vulnerable Victims +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

Shahrul Kamar bin Mohamed Shaharuddin

Accused

Procedural Posture

Criminal Sexual Offences (incest, Rape and Assault) / Trial Concluded; Conviction and Sentencing in Sessions Court

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for incest/rape and assault
  2. 2 Whether the CCTV recording and CD evidence were authentic and admissible
  3. 3 Whether the victim's mental disability affected consent and proof of offence

Ratio Decidendi

Court accepted prosecution's evidence (CCTV authenticated in court, medical evidence of hymen tears, consistent witness testimony) established the elements of incest/rape and assault beyond a reasonable doubt; defence explanations were rejected as insufficient to create reasonable doubt, therefore accused convicted on all five charges.

Court Disposition

Accused convicted on five counts and sentenced

Orders

  • Convicted and sentenced on five counts as follows: three counts under Seksyen 376B Kanun Keseksaan (AC-62JS-2-02/2021 counts 1-3) — each 30 years' imprisonment and 2 strokes of the rotan from date of conviction (1 August 2025)
  • One count under Seksyen 376B Kanun Keseksaan (AC-62JS-3-02/2021 count 1) — 30 years' imprisonment and 2 strokes of the rotan from date of conviction (1 August 2025)