MOHAMAD IMRAN BIN MOHAMED

MOHAMAD IMRAN BIN MOHAMED

On maximum evaluation of all evidence the court found prosecution proved beyond reasonable doubt all elements of s.376(1): positive identification by the victim, proven penetration, victim under 16 and corroborative police and medical reports; defence evidence amounted to bare denial, afterthought and interested testimony that failed to raise reasonable doubt; therefore conviction and sentence were upheld and stay of execution refused for lack of special circumstances.

Citation
JH-62JSK-5-03/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused/appellant: Mohamad Imran bin Mohamed
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 December 2024
Case Number
JH-62JSK-5-03/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (section 376(1) Penal Code) / Conviction and Sentence Imposed; Appeal Against Conviction and Sentence Filed; Stay Application Refused
Outcome
Accused convicted under s.376(1) Penal Code; sentenced to 12 years' imprisonment and 12 strokes; application for stay of execution refused; appeal against conviction and sentence filed.
Legal Topics
Rape, Prima Facie Case, Burden of Proof Beyond Reasonable Doubt, Corroboration, Alibi, Stay of Execution
Source Language
Malay/English
Criminal Law Evidence Sentencing Child Protection Rape Prima Facie Case Burden of Proof Beyond Reasonable Doubt Corroboration +2 more

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Parties

Pendakwa Raya

Prosecution

Mohamad Imran bin Mohamed

Accused/appellant

Procedural Posture

Criminal Rape (section 376(1) Penal Code) / Conviction and Sentence Imposed; Appeal Against Conviction and Sentence Filed; Stay Application Refused

Legal Issues

  1. 1 Whether prosecution proved all elements of rape under s.376(1) and s.375 Penal Code
  2. 2 Whether a prima facie case existed at close of prosecution case
  3. 3 Whether defence raised a reasonable doubt at close of defence

Ratio Decidendi

On maximum evaluation of all evidence the court found prosecution proved beyond reasonable doubt all elements of s.376(1): positive identification by the victim, proven penetration, victim under 16 and corroborative police and medical reports; defence evidence amounted to bare denial, afterthought and interested testimony that failed to raise reasonable doubt; therefore conviction and sentence were upheld and stay of execution refused for lack of special circumstances.

Court Disposition

Accused convicted under s.376(1) Penal Code; sentenced to 12 years' imprisonment and 12 strokes; application for stay of execution refused; appeal against conviction and sentence filed.

Orders

  • Accused found guilty and convicted of rape under Section 376(1) Penal Code
  • Sentence: 12 years' imprisonment from date of conviction and 12 strokes