Firdaus Azzamuddin Bin Arifin [TIMBALAN ]

Firdaus Azzamuddin Bin Arifin [TIMBALAN ]

The High Court upheld the trial court: the alleged inaccuracies in date/time were immaterial and curable; the complainant’s testimony was credible and consistent with medical and supporting evidence establishing penetration; old hymenal tears did not preclude fresh penetration; absence of DNA did not undermine the prosecution where other cogent evidence existed. Accordingly conviction and sentence were maintained.

Citation
BA-42JSKS-2-08/2022 (Mahkamah Tinggi)
Parties
Appellant: Firdaus Azzamuddin bin Arifin; Respondent (prosecution): Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 April 2024
Case Number
BA-42JSKS-2-08/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape) / High Court Decision on Appeal (judgment)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Rape (s375(g) and S376(1) Penal Code), Defective/particulars of Charge (s153 Cpc), Credibility of Complainant, Forensic/dna Evidence as Corroboration, Appellate Review of Factual Findings, Suspension of Sentence and Bail
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Procedure Rape (s375(g) and S376(1) Penal Code) Defective/particulars of Charge (s153 Cpc) Credibility of Complainant Forensic/dna Evidence as Corroboration +2 more

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Parties

Firdaus Azzamuddin bin Arifin

Appellant

Pendakwa Raya

Respondent (prosecution)

Procedural Posture

Criminal Appeal (rape) / High Court Decision on Appeal (judgment)

Legal Issues

  1. 1 Whether the charge was defective for inaccurate date/time and thus fatal under s153 Criminal Procedure Code
  2. 2 Whether old hymenal tears can support finding of penetration by the accused
  3. 3 Whether the trial judge erred in accepting the complainant as 'unusually convincing' despite alleged inconsistencies and absence of DNA evidence

Ratio Decidendi

The High Court upheld the trial court: the alleged inaccuracies in date/time were immaterial and curable; the complainant’s testimony was credible and consistent with medical and supporting evidence establishing penetration; old hymenal tears did not preclude fresh penetration; absence of DNA did not undermine the prosecution where other cogent evidence existed. Accordingly conviction and sentence were maintained.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Conviction and sentence of 12 years imprisonment and five (5) strokes of the rotan upheld
  • Execution of sentence suspended pending compliance with appellant's undertaking to file appeal; bail increased to RM12,000