SUFFIAN BIN SULAIMAN

SUFFIAN BIN SULAIMAN

The trial judge's acceptance of the complainant as honest and credible, supported by medical and DNA evidence and not solely reliant on exhibit P35, established penetration and proved the offence beyond reasonable doubt; any error over P35 was harmless under s.167 Evidence Act; therefore the conviction under s.376(1) and the sentence were rightly upheld.

Citation
WA-42S-21-05/2018 WA-42H-22-05/2018 (Mahkamah Tinggi)
Parties
Appellant/accused: Sufian bin Sulaiman; Respondent/prosecution: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2020
Case Number
WA-42S-21-05/2018 WA-42H-22-05/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Credibility of Witness, Admissibility of Evidence, DNA Evidence, Sentence and Punishment
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Rape Credibility of Witness Admissibility of Evidence DNA Evidence Sentence and Punishment

Case Brief

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Parties

Sufian bin Sulaiman

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Admissibility and weight of exhibit P35
  2. 2 Whether penile penetration was proved
  3. 3 Credibility of the complainant

Ratio Decidendi

The trial judge's acceptance of the complainant as honest and credible, supported by medical and DNA evidence and not solely reliant on exhibit P35, established penetration and proved the offence beyond reasonable doubt; any error over P35 was harmless under s.167 Evidence Act; therefore the conviction under s.376(1) and the sentence were rightly upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal by the appellant dismissed
  • Conviction under section 376(1) Kanun Keseksaan affirmed