SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

The High Court held there was no error in the trial court's findings: the prosecution proved the elements of rape under s376(1) (sexual intercourse, penetration and lack of consent) based on the complainant's credible testimony supported by corroborative background and medical/psychiatric evidence; the accused's defence amounted to bare denial and did not raise reasonable doubt; both the accused's and prosecution's appeals were dismissed and the conviction and sentence of 10 years' imprisonment and three strokes of rotan were upheld, to commence immediately with no stay.

Citation
BA-42H-35-09/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: 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 (rape S376(1) Penal Code) / High Court Judgment on Appeals (appeal Heard and Decided)
Outcome
Both appeals dismissed; conviction and sentence upheld.
Legal Topics
Rape, Consent, Prima Facie Case, Sentence Appeal, Credibility of Complainant, Delay in Reporting
Source Language
Malay/English
Criminal Law Evidence Sexual Offences Criminal Procedure Rape Consent Prima Facie Case Sentence Appeal +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Syed Shah Iqmal bin Syed Mohd Shaiful

Accused

Procedural Posture

Criminal Appeal (rape S376(1) Penal Code) / High Court Judgment on Appeals (appeal Heard and Decided)

Legal Issues

  1. 1 Whether the High Court correctly inferred that a prima facie case existed following the High Court order directing accused to enter defence
  2. 2 Whether elements of rape under s375/s376(1) Penal Code were proved beyond reasonable doubt
  3. 3 Whether the accused's defence raised reasonable doubt

Ratio Decidendi

The High Court held there was no error in the trial court's findings: the prosecution proved the elements of rape under s376(1) (sexual intercourse, penetration and lack of consent) based on the complainant's credible testimony supported by corroborative background and medical/psychiatric evidence; the accused's defence amounted to bare denial and did not raise reasonable doubt; both the accused's and prosecution's appeals were dismissed and the conviction and sentence of 10 years' imprisonment and three strokes of rotan were upheld, to commence immediately with no stay.

Court Disposition

Both appeals dismissed; conviction and sentence upheld.

Orders

  • Rayuan tertuduh dan rayuan pihak pendakwaan ditolak (appeals dismissed)
  • Keputusan Mahkamah Sesyen mensabitkan tertuduh di bawah seksyen 376(1) Kanun Keseksaan dikekalkan (conviction under s376(1) upheld)