RAMLI BIN MAT

RAMLI BIN MAT

The High Court upheld the trial judge's findings: the complainant's detailed sworn evidence, corroborated by medical evidence (fresh hymenal tear), blood on the victim's clothing confirmed by chemical analysis and semen linked to the scene, established penetration and the appellant's guilt; minor inconsistencies (including a reference to 'Aidil') were immaterial given the totality of evidence; absence of appellant DNA on some victim garments did not create reasonable doubt; appellate court will not disturb trial credibility findings; the imposed sentence was proportionate and justified.

Citation
RA-42JSKS-2-03/2025 (Mahkamah Tinggi)
Parties
Appellant (perayu): Ramli bin Mat; Respondent (public Prosecutor): Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 January 2026
Case Number
RA-42JSKS-2-03/2025 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (sexual Offence Rape of a Child) / High Court Appellate Review of Conviction and Sentence (appeal Against Conviction and Sentence)
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Rape of a Child, Credibility of Child Witness, DNA and Forensic Evidence, Identification, Sentencing — Imprisonment and Whipping
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Forensic Evidence Evidence Law Rape of a Child Credibility of Child Witness DNA and Forensic Evidence +2 more

Case Brief

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Parties

Ramli bin Mat

Appellant (perayu)

Pendakwa Raya

Respondent (public Prosecutor)

Procedural Posture

Criminal Appeal (sexual Offence Rape of a Child) / High Court Appellate Review of Conviction and Sentence (appeal Against Conviction and Sentence)

Legal Issues

  1. 1 Whether the complainant's sworn testimony was sufficient to prove penetration and the appellant's guilt despite minor inconsistencies
  2. 2 Whether the mention of a different name (Aidil) by the child undermined identification and created two conflicting versions
  3. 3 Whether absence of appellant's DNA on the victim's clothing or absence of victim's DNA on appellant's clothing/blanket fatally undermines the prosecution case

Ratio Decidendi

The High Court upheld the trial judge's findings: the complainant's detailed sworn evidence, corroborated by medical evidence (fresh hymenal tear), blood on the victim's clothing confirmed by chemical analysis and semen linked to the scene, established penetration and the appellant's guilt; minor inconsistencies (including a reference to 'Aidil') were immaterial given the totality of evidence; absence of appellant DNA on some victim garments did not create reasonable doubt; appellate court will not disturb trial credibility findings; the imposed sentence was proportionate and justified.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Conviction under section 376(2)(e) Kanun Keseksaan (rape of an 8-year-old) is affirmed.
  • Sentence of 15 years' imprisonment to run from date of conviction (14/3/2025) is affirmed.