MOHD HAIKAL HAZIQ

MOHD HAIKAL HAZIQ

The prosecution proved all elements of Seksyen 376(1): sexual intercourse, penile penetration and victim under 18; the accused's testimony was a bare denial/afterthought, not raised earlier, uncorroborated and not credible; victim identification, medical report and third‑party admission corroborated the prosecution; therefore the accused failed to raise reasonable doubt and conviction and sentence are justified.

Citation
BC-62JSK-188-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Haikal Haziq
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 May 2025
Case Number
BC-62JSK-188-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal Against Conviction and Sentence (seksyen 376(1) Kanun Keseksaan) / Decision on Appeal and Sentencing Reasons (end of Defence)
Outcome
Appeal dismissed; conviction and sentence affirmed
Legal Topics
Rape, Consent and Age, Burden of Proof, Reasonable Doubt, Corroboration, Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Rape Consent and Age Burden of Proof Reasonable Doubt Corroboration +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Haikal Haziq

Defendant

Procedural Posture

Criminal Appeal Against Conviction and Sentence (seksyen 376(1) Kanun Keseksaan) / Decision on Appeal and Sentencing Reasons (end of Defence)

Legal Issues

  1. 1 Whether the prosecution proved rape under Seksyen 376(1) beyond reasonable doubt
  2. 2 Whether the accused's defence raised a reasonable doubt or was an afterthought/alibi
  3. 3 Whether witness identification and medical evidence sufficiently corroborate the complainant

Ratio Decidendi

The prosecution proved all elements of Seksyen 376(1): sexual intercourse, penile penetration and victim under 18; the accused's testimony was a bare denial/afterthought, not raised earlier, uncorroborated and not credible; victim identification, medical report and third‑party admission corroborated the prosecution; therefore the accused failed to raise reasonable doubt and conviction and sentence are justified.

Court Disposition

Appeal dismissed; conviction and sentence affirmed

Orders

  • Accused convicted of offence under Seksyen 376(1) Kanun Keseksaan
  • Imposed sentence: 7 years imprisonment from date of order