SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

High Court correctly held that the High Court order directing accused to enter defence necessarily implied a finding of a prima facie case; on full evaluation of all evidence including complainant's consistent testimony and supporting factual and medical evidence the elements of rape under s.376(1) were proved beyond reasonable doubt; defence did not raise reasonable doubt; sentence of 10 years imprisonment and three strokes was not grossly inadequate; both appeals dismissed.

Citation
BA-42H-35-09/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/appellant: Syed Shah Iqmal bin Syed Mohd Shaiful
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 January 2026
Case Number
BA-42H-35-09/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Decision on Appeals (high Court)
Outcome
Both appeals dismissed; conviction and sentence affirmed
Legal Topics
Rape, Consent, Prima Facie, Appeal Against Conviction, Appeal Against Sentence, Stay of Execution
Source Language
Malay/English
Criminal Law Sexual Offences Criminal Procedure Rape Consent Prima Facie Appeal Against Conviction Appeal Against Sentence +1 more

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Parties

Pendakwa Raya

Prosecution

Syed Shah Iqmal bin Syed Mohd Shaiful

Accused/appellant

Procedural Posture

Criminal Appeal / Decision on Appeals (high Court)

Legal Issues

  1. 1 Whether the High Court correctly inferred a prima facie case was established at the close of the prosecution case
  2. 2 Whether elements of rape under section 376(1) Penal Code were proven (sexual intercourse, penetration, absence of consent)
  3. 3 Whether the defence raised reasonable doubt

Ratio Decidendi

High Court correctly held that the High Court order directing accused to enter defence necessarily implied a finding of a prima facie case; on full evaluation of all evidence including complainant's consistent testimony and supporting factual and medical evidence the elements of rape under s.376(1) were proved beyond reasonable doubt; defence did not raise reasonable doubt; sentence of 10 years imprisonment and three strokes was not grossly inadequate; both appeals dismissed.

Court Disposition

Both appeals dismissed; conviction and sentence affirmed

Orders

  • Conviction under Section 376(1) Penal Code is upheld
  • Sentence of imprisonment for 10 years and three strokes of the rotan is upheld