MOHD NASIRI BIN MOHD RADZI

MOHD NASIRI BIN MOHD RADZI

The court convicted the accused because the sworn testimony of the child complainant was credible, consistent and corroborated by medical findings and supporting witness evidence; defence alibi and interested witnesses lacked reliability and failed to create reasonable doubt; sentencing was exercised within discretion resulting in specified custodial terms running concurrently with ancillary orders for rehabilitation, police supervision and compensation.

Citation
RA-62JSK-39-12/2023 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor (Timbalan Pendakwaraya Puan Nabilah Ahmad Binti Po’ad); 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 (sexual Offences Involving a Child) / Appeal Against Conviction and Sentence (reasons for Judgment)
Outcome
Accused convicted on all seven charges and sentenced as per court order; appeals filed by both accused and Deputy Public Prosecutor
Legal Topics
Rape, Sexual Assault of a Child, Credibility of Child Witness, Alibi, Judicial Notice, Sentencing Concurrency Vs Consecutive, Compensation, Police Supervision and Rehabilitative Counselling
Source Language
Malay/English
Criminal Law Child Protection Law Evidence Law Sentencing Law Rape Sexual Assault of a Child Credibility of Child Witness Alibi +4 more

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Parties

Public Prosecutor (Timbalan Pendakwaraya Puan Nabilah Ahmad Binti Po’ad)

Prosecutor

Mohd Nasiri bin Mohd Radzi

Defendant

Procedural Posture

Criminal (sexual Offences Involving a Child) / Appeal Against Conviction and Sentence (reasons for Judgment)

Legal Issues

  1. 1 Whether prosecution proved elements of rape under s.376(2)(f) Kanun Keseksaan
  2. 2 Whether prosecution proved elements of sexual assault under s.14(a) Akta 792
  3. 3 Whether the child complainant's sworn testimony alone suffices for conviction

Ratio Decidendi

The court convicted the accused because the sworn testimony of the child complainant was credible, consistent and corroborated by medical findings and supporting witness evidence; defence alibi and interested witnesses lacked reliability and failed to create reasonable doubt; sentencing was exercised within discretion resulting in specified custodial terms running concurrently with ancillary orders for rehabilitation, police supervision and compensation.

Court Disposition

Accused convicted on all seven charges and sentenced as per court order; appeals filed by both accused and Deputy Public Prosecutor

Orders

  • Convicted of charges in RA-62JSK-39-12/2023: Count 1 s14(a) Akta 792 — 10 years imprisonment and 1 stroke from date of conviction (20.11.2025); Count 2 s14(a) Akta 792 — 10 years imprisonment and 1 stroke from date of conviction; Count 3 s376(2)(f) Kanun Keseksaan — 15 years imprisonment and 2 strokes from date of...
  • Convicted of charges in RA-62JSK-40-12/2023: Count 4 s14(a) Akta 792 — 10 years imprisonment and 1 stroke from date of conviction; Count 5 s14(a) Akta 792 — 10 years imprisonment and 1 stroke from date of conviction; Count 6 s376(2)(f) Kanun Keseksaan — 15 years imprisonment and 2 strokes from date of conviction