ZULPANDY BIN RISPEN EFFENDI

ZULPANDY BIN RISPEN EFFENDI

Victim gave clear, consistent, detailed and credible testimony of sexual intercourse and penile penetration; hotel booking/receipt and hotel staff identification placed accused alone with victim in room; medical evidence showed hymenal tears consistent with penetration; defence testimony was inconsistent, unsupported and amounted to bare denial that failed to raise reasonable doubt; therefore prosecution proved all elements of Section 376(1) beyond reasonable doubt and conviction is warranted.

Citation
BC-62JSK-26-07/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Zulpandy bin Rispen Affendi; Victim: Nur Qaisara binti Mohd Khairul Rahmat; Complainant (victim's Guardian): Maznah binti Ramlie
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
BC-62JSK-26-07/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape Under Section 376(1) Kanun Keseksaan) / Conviction and Sentencing (post Trial, at Close of Defence)
Outcome
Accused found guilty and convicted under Section 376(1) Kanun Keseksaan; sentenced.
Legal Topics
Rape, Consent, Identification of Accused, Burden of Proof, Medical Corroboration, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Rape Consent Identification of Accused Burden of Proof +2 more

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Parties

Pendakwa Raya

Prosecution

Zulpandy bin Rispen Affendi

Accused/defendant

Nur Qaisara binti Mohd Khairul Rahmat

Victim

Maznah binti Ramlie

Complainant (victim's Guardian)

Procedural Posture

Criminal (rape Under Section 376(1) Kanun Keseksaan) / Conviction and Sentencing (post Trial, at Close of Defence)

Legal Issues

  1. 1 Whether prosecution proved all elements of Section 376(1) (sexual intercourse and penetration) beyond reasonable doubt
  2. 2 Whether identification of the accused was sufficiently reliable
  3. 3 Whether medical evidence corroborated complainant's account

Ratio Decidendi

Victim gave clear, consistent, detailed and credible testimony of sexual intercourse and penile penetration; hotel booking/receipt and hotel staff identification placed accused alone with victim in room; medical evidence showed hymenal tears consistent with penetration; defence testimony was inconsistent, unsupported and amounted to bare denial that failed to raise reasonable doubt; therefore prosecution proved all elements of Section 376(1) beyond reasonable doubt and conviction is warranted.

Court Disposition

Accused found guilty and convicted under Section 376(1) Kanun Keseksaan; sentenced.

Orders

  • Imprisonment for 10 years commencing from date of arrest 07/07/2022
  • Two (2) strokes of the rotan (caning)