PENDAKWARAYA MUSTAQIM BIN SUKARNO AZMAN

PENDAKWARAYA MUSTAQIM BIN SUKARNO AZMAN

The court accepted the complainant's identification of the accused, found supporting evidence in the photo parade and witness statements, and medical evidence of old genital tears consistent with sexual intercourse; discrepancies in date/time were not fatal and the accused's sole bare denial failed to raise reasonable doubt. Therefore the prosecution proved all elements of rape under s.376(2) Kanun Keseksaan beyond reasonable doubt and conviction and sentence were upheld.

Citation
JC 62JS-08-09-2017 (Mahkamah Sesyen)
Parties
Appellant/accused: Azman; Respondent/prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 July 2019
Case Number
JC 62JS-08-09-2017 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence After Trial in Sessions Court
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Identification, Corroboration, Medical Evidence, Credibility of Child Witness, Amendment of Charge, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Evidence Law Rape Identification Corroboration Medical Evidence +3 more

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Parties

Azman

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence After Trial in Sessions Court

Legal Issues

  1. 1 Whether prosecution proved rape under Section 376(2) Kanun Keseksaan beyond reasonable doubt
  2. 2 Credibility and reliability of the child complainant and need for corroboration
  3. 3 Sufficiency of identification evidence (photo parade)

Ratio Decidendi

The court accepted the complainant's identification of the accused, found supporting evidence in the photo parade and witness statements, and medical evidence of old genital tears consistent with sexual intercourse; discrepancies in date/time were not fatal and the accused's sole bare denial failed to raise reasonable doubt. Therefore the prosecution proved all elements of rape under s.376(2) Kanun Keseksaan beyond reasonable doubt and conviction and sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under Section 376(2) Kanun Keseksaan affirmed