Ee Yong Nan [TIMBALAN ]

Ee Yong Nan [TIMBALAN ]

The High Court upheld the Sessions Court: prosecution proved prima facie cases for rape under s376(1) and causing hurt under s323; complainant's testimony was credible and consistent and supported by medical and independent witness evidence; SD2 was an interested witness and bare denial was insufficient to rebut the prosecution case; there was no withholding of material witnesses to invoke s114(g); sentencing was appropriate and not manifestly inadequate; convictions and sentences were therefore upheld.

Citation
BA-42S-4-03/2022 (Mahkamah Tinggi)
Parties
Appellant: EE YONG NAN; Respondent: PENDAKWA RAYA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 August 2024
Case Number
BA-42S-4-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Decision at High Court (shah Alam)
Outcome
Appeals dismissed; convictions and sentences upheld
Legal Topics
Rape, Causing Hurt, Sentencing, Appellate Review, Credibility of Witnesses, Evidence Act Presumptions
Source Language
Malay/English
Criminal Law Evidence Rape Causing Hurt Sentencing Appellate Review Credibility of Witnesses Evidence Act Presumptions

Case Brief

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Parties

EE YONG NAN

Appellant

PENDAKWA RAYA

Respondent

Procedural Posture

Criminal Appeal / Appeal Decision at High Court (shah Alam)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under section 376 Penal Code
  2. 2 Whether the Sessions Court erred in assessing credibility of complainant and witnesses
  3. 3 Whether section 114(g) Evidence Act 1950 presumption applies for non‑production of witnesses

Ratio Decidendi

The High Court upheld the Sessions Court: prosecution proved prima facie cases for rape under s376(1) and causing hurt under s323; complainant's testimony was credible and consistent and supported by medical and independent witness evidence; SD2 was an interested witness and bare denial was insufficient to rebut the prosecution case; there was no withholding of material witnesses to invoke s114(g); sentencing was appropriate and not manifestly inadequate; convictions and sentences were therefore upheld.

Court Disposition

Appeals dismissed; convictions and sentences upheld

Orders

  • Appeals by EE Yong Nan dismissed; convictions under section 376(1) and section 323 Penal Code upheld
  • Sentence of 12 years imprisonment and 5 strokes of the rotan for offence under section 376(1) Penal Code upheld