ZAKARIA BIN HARUN

ZAKARIA BIN HARUN

The court found the prosecution had proved beyond reasonable doubt the elements of s14(a): the complainant was a child; the accused rubbed his genitals against the child's genitals with sexual intent. The child's testimony was consistent, credible and corroborated by prior complaints, medical and investigative evidence; the defence produced only unconvincing denials and interested family testimony, failing to raise reasonable doubt. Consequently the accused was convicted and sentenced within statutory limits.

Citation
AG-62JSK-10-05/2023 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWARAYA; Accused: Zakaria bin Harun
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 November 2024
Case Number
AG-62JSK-10-05/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal – Sexual Offence Against a Child / Trial and Sentencing (conviction and Sentence Delivered)
Outcome
Accused convicted under Section 14(a) Sexual Offences Against Children Act 2017; sentenced to 7 years imprisonment, 2 strokes of the rotan, placed under police supervision for 2 years after release, ordered to undergo counselling; application for suspension of prison sentence refused.
Legal Topics
Sexual Assault of a Child, Physical Sexual Molestation (rubbed Genitals), Prima Facie and Burden at Close of Prosecution, Competence and Weight of Child Testimony, Corroboration and Prior Complaint, Sentencing: Imprisonment and Caning, Police Investigation and Prosecution Procedure
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Law Evidence Law Sentencing Law Sexual Assault of a Child Physical Sexual Molestation (rubbed Genitals) Prima Facie and Burden at Close of Prosecution +4 more

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Parties

PENDAKWARAYA

Prosecutor

Zakaria bin Harun

Accused

Procedural Posture

Criminal – Sexual Offence Against a Child / Trial and Sentencing (conviction and Sentence Delivered)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s14(a) of the Sexual Offences Against Children Act 2017
  2. 2 Whether the child complainant's testimony was admissible and sufficiently reliable to support conviction
  3. 3 Whether there was sufficient corroboration and prior complaint to reinforce the child's evidence

Ratio Decidendi

The court found the prosecution had proved beyond reasonable doubt the elements of s14(a): the complainant was a child; the accused rubbed his genitals against the child's genitals with sexual intent. The child's testimony was consistent, credible and corroborated by prior complaints, medical and investigative evidence; the defence produced only unconvincing denials and interested family testimony, failing to raise reasonable doubt. Consequently the accused was convicted and sentenced within statutory limits.

Court Disposition

Accused convicted under Section 14(a) Sexual Offences Against Children Act 2017; sentenced to 7 years imprisonment, 2 strokes of the rotan, placed under police supervision for 2 years after release, ordered to undergo counselling; application for suspension of prison sentence refused.

Orders

  • Sentenced to 7 years imprisonment starting from date of conviction
  • Ordered to receive 2 strokes of the rotan