MOHD NASIRI BIN MOHD RADZI

MOHD NASIRI BIN MOHD RADZI

The court convicted the accused on all seven charges because the child complainant was competent and her sworn testimony was found credible and corroborated by medical findings and supporting witnesses; the defence alibi and interested defence witnesses failed to create reasonable doubt; sentencing followed statutory ranges and relevant principles, ordering specified prison terms and strokes with all sentences to run concurrently, counselling and police supervision, and compensation; the court refused to amend charges or apply a sentencing provision not included in the charge.

Citation
RA-62JSK-40-12/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Pihak Pendakwa Raya; Defendant: Mohd Nasiri bin Mohd Radzi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 November 2025
Case Number
RA-62JSK-40-12/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing; Appeals Filed; Stay of Execution Granted Pending Appeal to High Court
Outcome
Accused convicted on all seven charges; sentenced and ancillary orders made; stay of execution granted pending appeal to High Court on increased bail
Legal Topics
Rape, Sexual Assault of a Child, Competence of Child Witness, Judicial Notice, Credibility Assessment, Alibi, Compensation, Concurrent Vs Consecutive Sentencing, Police Supervision, Rehabilitative Counselling, Charge Particulars
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Law Rape Sexual Assault of a Child Competence of Child Witness +8 more

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Parties

Pihak Pendakwa Raya

Prosecutor

Mohd Nasiri bin Mohd Radzi

Defendant

Procedural Posture

Criminal / Judgment and Sentencing; Appeals Filed; Stay of Execution Granted Pending Appeal to High Court

Legal Issues

  1. 1 Whether prosecution proved elements of rape under section 376(2)(f) Kanun Keseksaan beyond reasonable doubt
  2. 2 Whether prosecution proved elements of sexual assault under section 14(a) Akta 792
  3. 3 Competence and admissibility of sworn testimony of a child witness under ss.17-18 Akta 792

Ratio Decidendi

The court convicted the accused on all seven charges because the child complainant was competent and her sworn testimony was found credible and corroborated by medical findings and supporting witnesses; the defence alibi and interested defence witnesses failed to create reasonable doubt; sentencing followed statutory ranges and relevant principles, ordering specified prison terms and strokes with all sentences to run concurrently, counselling and police supervision, and compensation; the court refused to amend charges or apply a sentencing provision not included in the charge.

Court Disposition

Accused convicted on all seven charges; sentenced and ancillary orders made; stay of execution granted pending appeal to High Court on increased bail

Orders

  • Convicted of charges: Counts 1,2,4,5 under section 14(a) Akta 792 (sexual assault on child) and Counts 3,6,7 under section 376(2)(f) Kanun Keseksaan (rape)
  • Sentence for each section 14(a) conviction: 10 years' imprisonment starting 20.11.2025 and 1 stroke of the rotan for each such count