MUHAMMAD YUSOF BIN MOHAMAD ABDUL RAHMAN

MUHAMMAD YUSOF BIN MOHAMAD ABDUL RAHMAN

The court found the prosecution proved beyond a prima facie and ultimately beyond reasonable doubt the elements of s.376(2): the victim's credible and consistent testimony, corroborating witness accounts, and forensic DNA linking the accused to semen on the rear seat established penetration without consent and immediate prior threats; the accused's sworn denial and explanations were uncorroborated and amounted to a bare denial, failing to raise reasonable doubt; accordingly the accused was convicted and sentenced.

Citation
AG-62JS-1-10/2024 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWARAYA; Accused: MUHAMMAD YUSOF BIN MOHAMAD ABDUL RAHMAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 July 2025
Case Number
AG-62JS-1-10/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offence (rape) / Judgment on Conviction and Sentencing
Outcome
Accused convicted under s.376(2) Penal Code and sentenced
Legal Topics
Rape, Consent, Prima Facie Case, Forensic DNA Evidence, Sentencing Discretion, Threat/intimidation
Source Language
Malay/English
Criminal Law Evidence Procedure Rape Consent Prima Facie Case Forensic DNA Evidence Sentencing Discretion +1 more

Case Brief

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Parties

PENDAKWARAYA

Prosecutor

MUHAMMAD YUSOF BIN MOHAMAD ABDUL RAHMAN

Accused

Procedural Posture

Criminal Sexual Offence (rape) / Judgment on Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.376(2) Penal Code (rape with threat)
  2. 2 Whether the accused's sworn testimony and explanations raised a reasonable doubt
  3. 3 Whether the sentence imposed was appropriate in view of aggravating and mitigating factors

Ratio Decidendi

The court found the prosecution proved beyond a prima facie and ultimately beyond reasonable doubt the elements of s.376(2): the victim's credible and consistent testimony, corroborating witness accounts, and forensic DNA linking the accused to semen on the rear seat established penetration without consent and immediate prior threats; the accused's sworn denial and explanations were uncorroborated and amounted to a bare denial, failing to raise reasonable doubt; accordingly the accused was convicted and sentenced.

Court Disposition

Accused convicted under s.376(2) Penal Code and sentenced

Orders

  • Sentence of imprisonment for 12 years from date of conviction
  • Two strokes of the rotan (caning)