MUHAMMAD AIMAN TAN BIN ABDULLAH

MUHAMMAD AIMAN TAN BIN ABDULLAH

Prosecution failed to prove the essential element of penetration under section 377B beyond reasonable doubt given inconsistencies in the complainant’s account and absence of medical or DNA corroboration; those failures created reasonable doubt and required acquittal.

Citation
AC-62JS-4-02/2021 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Defendant: Muhammad Aiman Tan bin Abdullah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 July 2025
Case Number
AC-62JS-4-02/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment After Defence
Outcome
accused acquitted and discharged
Legal Topics
Sodomy (unnatural Intercourse), Elements of Offence (penetration), Burden of Proof Beyond Reasonable Doubt, Corroboration in Sexual Offences, Particulars of Charge
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sodomy (unnatural Intercourse) Elements of Offence (penetration) Burden of Proof Beyond Reasonable Doubt Corroboration in Sexual Offences Particulars of Charge

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Parties

Public Prosecutor

Prosecution

Muhammad Aiman Tan bin Abdullah

Defendant

Procedural Posture

Criminal / Judgment After Defence

Legal Issues

  1. 1 Whether prosecution proved penetration element of section 377B Kanun Keseksaan beyond reasonable doubt
  2. 2 Whether particulars of charge were sufficiently certain (date/time/section)
  3. 3 Credibility of complainant and effect of inconsistencies and retractions

Ratio Decidendi

Prosecution failed to prove the essential element of penetration under section 377B beyond reasonable doubt given inconsistencies in the complainant’s account and absence of medical or DNA corroboration; those failures created reasonable doubt and required acquittal.

Court Disposition

accused acquitted and discharged

Orders

  • Accused Muhammad Aiman Tan bin Abdullah is acquitted and discharged of the charge under section 377B Kanun Keseksaan
  • Bail returned