Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

The High Court dismissed the appeal because the successor judge lawfully acted on the complete recorded evidence under s261 CPC without causing prejudice, the complainant's testimony was found to be unusually compelling and corroborated by other consistent evidence, the elements of statutory rape under s376 were established beyond reasonable doubt, and the sentence (13 years imprisonment and 5 strokes) was within lawful range and not manifestly excessive.

Citation
BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
Parties
Appellant/accused: Mior Saifuldin bin Mior Sharuddin; Respondent/prosecution: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2025
Case Number
BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape/statutory Rape) / High Court Appeal Judgment (appeal Heard and Dismissed)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Rape (statutory Rape), Change of Judge/jurisdiction (s261 Cpc), Appellate Review and Interference (s316 Cpc), Credibility of Complainant, Sentencing and Mitigation
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Criminal Procedure Rape (statutory Rape) Change of Judge/jurisdiction (s261 Cpc) Appellate Review and Interference (s316 Cpc) Credibility of Complainant +1 more

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Parties

Mior Saifuldin bin Mior Sharuddin

Appellant/accused

Public Prosecutor

Respondent/prosecution

Procedural Posture

Criminal Appeal (rape/statutory Rape) / High Court Appeal Judgment (appeal Heard and Dismissed)

Legal Issues

  1. 1 Whether change of trial judge and decision based on typed notes caused prejudice/miscarriage of justice
  2. 2 Whether the succeeding judge erred in relying on recorded evidence without re-calling witnesses (s261 CPC)
  3. 3 Whether prosecution proved elements of section 376 Penal Code (statutory rape) beyond reasonable doubt

Ratio Decidendi

The High Court dismissed the appeal because the successor judge lawfully acted on the complete recorded evidence under s261 CPC without causing prejudice, the complainant's testimony was found to be unusually compelling and corroborated by other consistent evidence, the elements of statutory rape under s376 were established beyond reasonable doubt, and the sentence (13 years imprisonment and 5 strokes) was within lawful range and not manifestly excessive.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed
  • Conviction for offence under section 376 Penal Code upheld