MUHAMMAD SYAFIQ AL-AMIN BIN BIDIN

MUHAMMAD SYAFIQ AL-AMIN BIN BIDIN

Prosecution proved all elements of the offences beyond reasonable doubt: victim positively identified accused (a person known to her), described penetration and sexual touching with consistent evidence corroborated by medical findings and police report; victim was under 16 thus falling within s.375(g); accused's defence was a bare denial and afterthought that failed to raise reasonable doubt. Conviction and sentence are legally sound and within statutory limits and are therefore upheld.

Citation
JH-62JSK-5-03/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Syafiq Al-Amin bin Bidin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
31 October 2025
Case Number
JH-62JSK-5-03/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape and Sexual Offences Against a Child / Conviction and Sentencing in Sessions Court; Appeal Filed by Accused
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Rape (s.376(1) Penal Code), Sexual Touching of a Child (s.14(a) Akta 792), Trust Relationship (s.16(1) Akta 792), Prima Facie and Burden of Proof, Corroboration and Medical Evidence, Sentencing Principles and Deterrence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Evidence Law Sentencing Law Rape (s.376(1) Penal Code) Sexual Touching of a Child (s.14(a) Akta 792) Trust Relationship (s.16(1) Akta 792) +3 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Syafiq Al-Amin bin Bidin

Accused

Procedural Posture

Criminal Rape and Sexual Offences Against a Child / Conviction and Sentencing in Sessions Court; Appeal Filed by Accused

Legal Issues

  1. 1 Whether prosecution proved elements of rape under Section 376(1) Penal Code (identity, penetration, circumstance under s.375) beyond reasonable doubt
  2. 2 Whether prosecution proved elements of s.14(a) Akta 792 read with s.16(1) (sexual touching for sexual purpose and trust relationship) beyond reasonable doubt
  3. 3 Whether medical report and police first information report constitute corroboration

Ratio Decidendi

Prosecution proved all elements of the offences beyond reasonable doubt: victim positively identified accused (a person known to her), described penetration and sexual touching with consistent evidence corroborated by medical findings and police report; victim was under 16 thus falling within s.375(g); accused's defence was a bare denial and afterthought that failed to raise reasonable doubt. Conviction and sentence are legally sound and within statutory limits and are therefore upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Convicted as charged under Section 376(1) Penal Code and Section 14(a) Akta 792 read with Section 16(1) Akta 792
  • Sentence for first charge: imprisonment for 15 years from date of conviction and 15 strokes