Hamizal Bin Osman

Hamizal Bin Osman

On maximum evaluation the prosecution proved both elements of rape: that the accused's penis was inserted into the complainant's vagina (penetration) and that the act was without her consent; supporting evidence included the complainant's consistent core account, police reports, corroborating witness testimony about the accused's presence and conduct, and medical findings; defence denial and supporting witnesses failed to raise a reasonable doubt. Accordingly the accused was convicted under Section 376(1) Penal Code and sentenced to 12 years' imprisonment with ancillary police supervision and mandatory counselling under the Criminal Procedure Code provisions cited.

Citation
BA-62JS-4-11/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Hamizal bin Osman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 July 2025
Case Number
BA-62JS-4-11/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape Under Section 376(1) Penal Code) / Judgment and Sentence at Trial; Appeal Filed
Outcome
Accused convicted under Section 376(1) Penal Code and sentenced
Legal Topics
Rape, Consent, Penetration, Prima Facie Standard, Credibility of Complainant, Post‑release Supervision, Mandatory Counselling
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Rape Consent Penetration Prima Facie Standard +3 more

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Parties

Pendakwa Raya

Prosecutor

Hamizal bin Osman

Defendant

Procedural Posture

Criminal (rape Under Section 376(1) Penal Code) / Judgment and Sentence at Trial; Appeal Filed

Legal Issues

  1. 1 Whether prosecution proved penetration by accused into complainant
  2. 2 Whether sexual intercourse occurred without the complainant's consent
  3. 3 Whether inconsistencies in complainant's statements destroyed her credibility

Ratio Decidendi

On maximum evaluation the prosecution proved both elements of rape: that the accused's penis was inserted into the complainant's vagina (penetration) and that the act was without her consent; supporting evidence included the complainant's consistent core account, police reports, corroborating witness testimony about the accused's presence and conduct, and medical findings; defence denial and supporting witnesses failed to raise a reasonable doubt. Accordingly the accused was convicted under Section 376(1) Penal Code and sentenced to 12 years' imprisonment with ancillary police supervision and mandatory counselling under the Criminal Procedure Code provisions cited.

Court Disposition

Accused convicted under Section 376(1) Penal Code and sentenced

Orders

  • Imprisonment for 12 years from date of sentence; no whipping (offender over 50 years old)
  • One year police supervision after release pursuant to S.295(1A) Criminal Procedure Code and compliance with S.296(1) (must inform police of residence)