Abd Ghani bin Abd Karim

Abd Ghani bin Abd Karim

The trial judge's acceptance of the victim's credible, detailed testimony was supported by corroborative evidence (medical evidence of vaginal tear consistent with timing, discovery of a green screwdriver, and unique identifying feature), the appellant failed to provide a valid or substantiated alibi (exhibit D38 was vague and no proper notice provided), and there were no compelling reasons to disturb the factual findings; therefore conviction under s376(1) and s506 and the sentences imposed were affirmed.

Citation
WA-42S-6-07/2020 (Mahkamah Tinggi)
Parties
Appellant: ABD GHANI BIN ABD KARIM; Respondent: PUBLIC PROSECUTOR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2021
Case Number
WA-42S-6-07/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape (s376 Penal Code), Criminal Intimidation (s506 Penal Code), Corroboration of Complainant Evidence, Alibi Notice and Proof, Appellate Review of Factual Findings
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Rape (s376 Penal Code) Criminal Intimidation (s506 Penal Code) Corroboration of Complainant Evidence Alibi Notice and Proof +1 more

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Parties

ABD GHANI BIN ABD KARIM

Appellant

PUBLIC PROSECUTOR

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether inconsistencies in witness testimony undermined the prosecution case
  2. 2 Whether the appellant's alibi (exhibit D38) raised reasonable doubt
  3. 3 Whether corroboration was required for conviction for rape

Ratio Decidendi

The trial judge's acceptance of the victim's credible, detailed testimony was supported by corroborative evidence (medical evidence of vaginal tear consistent with timing, discovery of a green screwdriver, and unique identifying feature), the appellant failed to provide a valid or substantiated alibi (exhibit D38 was vague and no proper notice provided), and there were no compelling reasons to disturb the factual findings; therefore conviction under s376(1) and s506 and the sentences imposed were affirmed.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction under section 376(1) Penal Code affirmed