MSB-62JSK-08-06/2020 (Mahkamah Sesyen)

MSB-62JSK-08-06/2020 (Mahkamah Sesyen)

Although medical and DNA evidence supported that sexual intercourse occurred, the prosecution failed to prove absence of consent beyond reasonable doubt. Material inconsistencies in the complainant's accounts and her conduct surrounding the events undermined her credibility such that no prima facie case was established; therefore accused was acquitted at the close of the prosecution case.

Citation
MSB-62JSK-08-06/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Zakwan bin Mohd Zaid
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 April 2022
Case Number
MSB-62JSK-08-06/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Acquitted at Close of Prosecution (no Defence Called)
Outcome
Accused acquitted and discharged at close of prosecution
Legal Topics
Rape, Consent, Corroboration, Prima Facie Assessment, Section 376(2)(d)
Source Language
Malay/English
Criminal Law Sexual Offences Rape Consent Corroboration Prima Facie Assessment Section 376(2)(d)

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Parties

Pendakwa Raya

Prosecution

Muhammad Zakwan bin Mohd Zaid

Accused

Procedural Posture

Criminal / Acquitted at Close of Prosecution (no Defence Called)

Legal Issues

  1. 1 Whether penetration occurred
  2. 2 Whether the complainant (SP7) was under 16 at time of incident
  3. 3 Whether the act was without the complainant's consent

Ratio Decidendi

Although medical and DNA evidence supported that sexual intercourse occurred, the prosecution failed to prove absence of consent beyond reasonable doubt. Material inconsistencies in the complainant's accounts and her conduct surrounding the events undermined her credibility such that no prima facie case was established; therefore accused was acquitted at the close of the prosecution case.

Court Disposition

Accused acquitted and discharged at close of prosecution

Orders

  • Muhammad Zakwan bin Mohd Zaid is acquitted and discharged without being called to enter his defence