PENDAKWARAYA PENDAKWARAYA MOHD FAIZA RIZZA BIN MOHD ROPI

PENDAKWARAYA PENDAKWARAYA MOHD FAIZA RIZZA BIN MOHD ROPI

The Sessions Court applied maximum evaluation and accepted the complainant's sworn testimony as credible and sufficiently corroborated by early complaint to a relative and the police report; the elements of s.14(a) Akta 792 were established (sexual touching of the complainant's genitalia for sexual purpose). Defence accounts were found to be unsubstantiated afterthoughts and interest‑tainted witnesses lacked credibility. Medical evidence was unnecessary. Consequently the prosecution proved guilt beyond reasonable doubt and conviction and sentencing followed; application to stay execution was refused for lack of special reasons and low prospect of success on appeal.

Citation
CB-62JSK-27-08/2019 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Defendant: MOHD FAIZA RIZZA BIN MOHD ROPI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 November 2021
Case Number
CB-62JSK-27-08/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against Child (akta 792) / Conviction and Sentencing in Sessions Court; Appeals Filed to High Court
Outcome
Guilty on charge under s.14(a) Akta 792
Legal Topics
Sexual Assault of Minor, Prima Facie Evaluation, Corroboration and Child Witness Evidence, Charges Particulars (s.153/s.156 Cpc), Stay of Execution Pending Appeal
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Sexual Assault of Minor Prima Facie Evaluation Corroboration and Child Witness Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 27 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PENDAKWARAYA

Prosecution

MOHD FAIZA RIZZA BIN MOHD ROPI

Defendant

Procedural Posture

Criminal Sexual Offences Against Child (akta 792) / Conviction and Sentencing in Sessions Court; Appeals Filed to High Court

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.14(a) Akta 792
  2. 2 Credibility and sufficiency of child complainant's testimony and corroboration
  3. 3 Admissibility and weight of police report and prior complaints (Evidence Act s.157)

Ratio Decidendi

The Sessions Court applied maximum evaluation and accepted the complainant's sworn testimony as credible and sufficiently corroborated by early complaint to a relative and the police report; the elements of s.14(a) Akta 792 were established (sexual touching of the complainant's genitalia for sexual purpose). Defence accounts were found to be unsubstantiated afterthoughts and interest‑tainted witnesses lacked credibility. Medical evidence was unnecessary. Consequently the prosecution proved guilt beyond reasonable doubt and conviction and sentencing followed; application to stay execution was refused for lack of special reasons and low prospect of success on appeal.

Court Disposition

Guilty on charge under s.14(a) Akta 792

Orders

  • Convicted under s.14(a) Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 (Akta 792)
  • Sentence: imprisonment for 13 years from date of conviction 26.11.2021