LOKMAN NAIM BIN ABDULLAH

LOKMAN NAIM BIN ABDULLAH

Although the prosecution established a prima facie case and adduced evidence (victim identification, medical report, police report), the defence led credible rebuttal evidence that, when evaluated in totality, raised a reasonable doubt on the prosecution's case; accordingly the prosecution failed to prove all elements of Section 376(1) beyond reasonable doubt and the accused was acquitted and discharged.

Citation
JH-62JSK-24-11/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Lokman Naim bin Abdullah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 November 2025
Case Number
JH-62JSK-24-11/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape Under Section 376(1) Penal Code) / Sessions Court Judgment on Acquittal (reasons Delivered)
Outcome
Accused acquitted and discharged (not guilty).
Legal Topics
Rape, Prima Facie, Burden of Proof, Corroboration, Acquittal
Source Language
Malay/English
Criminal Law Evidence Sexual Offences Rape Prima Facie Burden of Proof Corroboration Acquittal

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Parties

Pendakwa Raya

Prosecution

Lokman Naim bin Abdullah

Defendant

Procedural Posture

Criminal (rape Under Section 376(1) Penal Code) / Sessions Court Judgment on Acquittal (reasons Delivered)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case at the close of its case
  2. 2 Whether the prosecution proved all elements of rape under Section 376(1) beyond reasonable doubt (sexual intercourse, penetration, circumstance under Section 375 - victim under 16, victim not wife)
  3. 3 Reliability of victim identification and medical evidence

Ratio Decidendi

Although the prosecution established a prima facie case and adduced evidence (victim identification, medical report, police report), the defence led credible rebuttal evidence that, when evaluated in totality, raised a reasonable doubt on the prosecution's case; accordingly the prosecution failed to prove all elements of Section 376(1) beyond reasonable doubt and the accused was acquitted and discharged.

Court Disposition

Accused acquitted and discharged (not guilty).

Orders

  • Accused Lokman Naim bin Abdullah acquitted and discharged of the charge under Section 376(1) Penal Code.