MIRELFYAN BIN AMIR

MIRELFYAN BIN AMIR

Court accepted victim's evidence as credible and corroborated by independent witnesses and medical findings showing anal fissure and vaginal abrasion and by recovery of indecent photographs in accused's phone; these established penetration and lack of consent and criminal force. Accused's denial was uncorroborated and insufficient to raise reasonable doubt. Therefore prosecution proved offences under s.377CA, s.354 and s.292 beyond reasonable doubt and conviction followed with concurrent sentences imposed as stated.

Citation
BD-62JS-1-07/2024 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Mirelfyan bin Amir
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
6 April 2026
Case Number
BD-62JS-1-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial and Sentencing (convicted)
Outcome
Accused convicted on all three charges (s.377CA, s.354 and s.292) and sentenced
Legal Topics
Sexual Connection by Object S.377 CA, Assault With Intent to Outrage Modesty S.354, Obscene Material Possession S.292, Prima Facie Test, Credibility and Corroboration, Medical Forensic Evidence
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Sexual Connection by Object S.377 CA Assault With Intent to Outrage Modesty S.354 Obscene Material Possession S.292 Prima Facie Test +2 more

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Parties

Pendakwa Raya

Prosecution

Mirelfyan bin Amir

Accused

Procedural Posture

Criminal / Trial and Sentencing (convicted)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case on s.377CA, s.354 and s.292 charges
  2. 2 Whether penetration occurred as alleged
  3. 3 Whether the sexual acts were without consent

Ratio Decidendi

Court accepted victim's evidence as credible and corroborated by independent witnesses and medical findings showing anal fissure and vaginal abrasion and by recovery of indecent photographs in accused's phone; these established penetration and lack of consent and criminal force. Accused's denial was uncorroborated and insufficient to raise reasonable doubt. Therefore prosecution proved offences under s.377CA, s.354 and s.292 beyond reasonable doubt and conviction followed with concurrent sentences imposed as stated.

Court Disposition

Accused convicted on all three charges (s.377CA, s.354 and s.292) and sentenced

Orders

  • Convicted under Case No. 62JS-1-07/2024 s.377CA: 10 years imprisonment and 4 strokes of the cane
  • Convicted under Case No. 62JS-5-12/2025 s.354: 6 years imprisonment and 2 strokes of the cane