[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN MD ALI

[Timbalan (TPR), Jabatan Peguam Negara] ABDULLAH BIN MD ALI

The court convicted because the victim’s sworn testimony was competent, coherent, consistent with her CIC recording and contemporaneous report to her mother, and was supported by independent medical examination showing old hymenal tears consistent with penile penetration; the accused’s denials were inconsistent, his own Section 112 statement admitted repeated sexual touching of the child, and defence explanations failed to raise a reasonable doubt; accordingly prosecution proved all elements beyond reasonable doubt for both charges.

Citation
CB-62JSK-15-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Abdullah bin Md Ali; Victim: XYZ (minor)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 June 2025
Case Number
CB-62JSK-15-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment Conviction and Sentence (post Trial)
Outcome
Accused convicted and sentenced
Legal Topics
Rape, Sexual Offences Against Children, Child Witness Competency, Corroboration, Medical Evidence, Sentencing
Source Language
Malay/English
Criminal Law Rape Sexual Offences Against Children Child Witness Competency Corroboration Medical Evidence Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecution

Abdullah bin Md Ali

Accused

XYZ (minor)

Victim

Procedural Posture

Criminal / Judgment Conviction and Sentence (post Trial)

Legal Issues

  1. 1 Whether prosecution proved prima facie case and all elements of rape under s.375/conviction under s.376(3)
  2. 2 Competency and weight of child witness testimony and need for corroboration
  3. 3 Admissibility and weight of recorded CIC statement and medical evidence as corroboration

Ratio Decidendi

The court convicted because the victim’s sworn testimony was competent, coherent, consistent with her CIC recording and contemporaneous report to her mother, and was supported by independent medical examination showing old hymenal tears consistent with penile penetration; the accused’s denials were inconsistent, his own Section 112 statement admitted repeated sexual touching of the child, and defence explanations failed to raise a reasonable doubt; accordingly prosecution proved all elements beyond reasonable doubt for both charges.

Court Disposition

Accused convicted and sentenced

Orders

  • Convicted under s.376(3) Kanun Keseksaan: imprisonment 20 years starting 12-09-2022 and 10 strokes
  • Convicted under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017: imprisonment 10 years starting 12-09-2022 and 3 strokes