Hamizal Bin Osman

Hamizal Bin Osman

After maximum evaluation the court accepted the complainant's account of penetration and lack of consent as proved and supported by corroborative evidence (family witnesses, scene photographs, medical findings). Contradictions in statements were minor and did not destroy overall credibility. Defence was uncorroborated denial and failed to raise reasonable doubt. Therefore accused convicted under Section 376(1) Penal Code and sentenced accordingly.

Citation
BA-62JS-4-11/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Hamizal bin Osman; Complainant: Zakiah binti Habib
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 July 2025
Case Number
BA-62JS-4-11/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (section 376(1) Penal Code) / Trial Concluded; Conviction and Sentencing
Outcome
Accused found guilty and convicted under Section 376(1) Penal Code; sentenced to imprisonment for 12 years; no whipping ordered; ancillary police supervision for 1 year under S.295(1A) KTJ with compliance to S.296(1) KTJ; counselling under S.295A(1) KTJ; exhibits returned to prosecution for disposal after appeal;...
Legal Topics
Rape, Consent, Prima Facie, Burden of Proof, Credibility Assessment, Sentencing Principles, Police Supervision Orders, Rehabilitation/counseling
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Sentencing Law Rape Consent Prima Facie Burden of Proof +4 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Hamizal bin Osman

Defendant

Zakiah binti Habib

Complainant

Procedural Posture

Criminal Rape (section 376(1) Penal Code) / Trial Concluded; Conviction and Sentencing

Legal Issues

  1. 1 Whether prosecution proved penetration (entry) by accused into complainant
  2. 2 Whether sexual intercourse occurred without consent
  3. 3 Whether prosecution established a prima facie case warranting calling defence

Ratio Decidendi

After maximum evaluation the court accepted the complainant's account of penetration and lack of consent as proved and supported by corroborative evidence (family witnesses, scene photographs, medical findings). Contradictions in statements were minor and did not destroy overall credibility. Defence was uncorroborated denial and failed to raise reasonable doubt. Therefore accused convicted under Section 376(1) Penal Code and sentenced accordingly.

Court Disposition

Accused found guilty and convicted under Section 376(1) Penal Code; sentenced to imprisonment for 12 years; no whipping ordered; ancillary police supervision for 1 year under S.295(1A) KTJ with compliance to S.296(1) KTJ; counselling under S.295A(1) KTJ; exhibits returned to prosecution for disposal after appeal;...

Orders

  • Imprisonment for 12 years commencing today
  • No whipping ordered due to accused being over 50 years old