ABDUL RAHMAN BIN ROSLI

ABDUL RAHMAN BIN ROSLI

Victim's testimony of penile penetration was corroborated by medical evidence of hymen tears and prompt complaint; because the victim was under sixteen consent was irrelevant; missing offered witnesses were not material and did not amount to suppression warranting adverse inference; accordingly the conviction and the sentence were upheld.

Citation
DA-42S-9-05/2019 (Mahkamah Tinggi)
Parties
Appellant: Abdul Rahman bin Rosli; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 2021
Case Number
DA-42S-9-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape Under S 376(1) Penal Code) / High Court Appeal From Sessions Court Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Penetration, Age of Victim, Adverse Inference (s114(g) Evidence Act), Medical Evidence (hymen Examination), Corroboration, Admissibility of Sexual History and Social Media Evidence, Police Conduct and Abuse of Position
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Rape Penetration Age of Victim Adverse Inference (s114(g) Evidence Act) +4 more

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Parties

Abdul Rahman bin Rosli

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (rape Under S 376(1) Penal Code) / High Court Appeal From Sessions Court Conviction and Sentence

Legal Issues

  1. 1 Whether penile penetration was proven beyond reasonable doubt
  2. 2 Whether consent or sexual history was relevant given victim's age
  3. 3 Whether failure to produce offered witnesses (Zakiman, Faizal) warranted adverse inference or miscarriage of justice

Ratio Decidendi

Victim's testimony of penile penetration was corroborated by medical evidence of hymen tears and prompt complaint; because the victim was under sixteen consent was irrelevant; missing offered witnesses were not material and did not amount to suppression warranting adverse inference; accordingly the conviction and the sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed