MOHD NASIRI BIN MOHD RADZI

MOHD NASIRI BIN MOHD RADZI

The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld or ordered as specified.

Citation
RA-62JSK-39-12/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Defendant: Mohd Nasiri bin Mohd Radzi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 November 2025
Case Number
RA-62JSK-39-12/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Post‑conviction (appeal Pending)
Outcome
Conviction and original sentences affirmed; appeals dismissed in substance
Legal Topics
Rape, Sexual Assault on a Child, Child Witness Competency and Credibility, Judicial Notice, Alibi, Sentence Concurrency and Totality Principle, Compensation Under Criminal Procedure, Police Supervision and Rehabilitative Counselling
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sentencing Law Rape Sexual Assault on a Child Child Witness Competency and Credibility +5 more

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Parties

Public Prosecutor

Prosecutor

Mohd Nasiri bin Mohd Radzi

Defendant

Procedural Posture

Criminal / Post‑conviction (appeal Pending)

Legal Issues

  1. 1 Whether elements of rape under s.376(2)(f) Kanun Keseksaan were proved
  2. 2 Whether elements of sexual assault under s.14(a) Akta 792 were proved
  3. 3 Whether child witness SP3 was competent and credible under ss.17–18 Akta 792

Ratio Decidendi

The court accepted the sworn testimony of the child victim as competent, credible and reliable under ss.17–18 Akta 792; medical evidence of old hymenal tears corroborated penetration; defence alibi and interested witness evidence failed to raise reasonable doubt; inconsistencies were minor and immaterial; therefore prosecution proved elements of sexual assault (s.14(a) Akta 792) and rape (s.376(2)(f) Kanun Keseksaan) beyond reasonable doubt and the conviction and sentences as imposed were justified and affirmed, with ancillary orders for counselling, police supervision and compensation upheld or ordered as specified.

Court Disposition

Conviction and original sentences affirmed; appeals dismissed in substance

Orders

  • Convicted on all seven charges as charged
  • Charge 1 (s.14(a) Akta 792): 10 years imprisonment and 1 stroke of the rotan, to run from date of conviction (20/11/2025)