MUHAMMAD ISYARIZAL IZMAN BIN MOHD ISYAK

MUHAMMAD ISYARIZAL IZMAN BIN MOHD ISYAK

Court convicted accused on both counts because the complainant's detailed, credible and unchallenged testimony met the threshold under Akta 792 s18 to prove the sexual acts and her age was established by identity card digits; statutory provisions (s20 and s24 Akta 792) barred the accused's mistaken‑age defence and precluded non‑custodial bond relief, leading to conviction and imposition of consecutive custodial sentences with caning.

Citation
CA-62JSK-20-06/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhammad Isyarizal Izman bin Mohd Isyak
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
20 January 2025
Case Number
CA-62JSK-20-06/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape) / Trial Judgment and Sentencing
Outcome
Accused convicted on both counts and sentenced
Legal Topics
Rape, Age of Consent, Credibility and Corroboration, Prima Facie Proof, Sentencing, Statutory Bars to Alternative Sentencing
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Rape Age of Consent Credibility and Corroboration Prima Facie Proof +2 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Isyarizal Izman bin Mohd Isyak

Defendant

Procedural Posture

Criminal (rape) / Trial Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution established a prima facie case for two counts of rape
  2. 2 Whether the complainant's uncorroborated evidence was credible and sufficient for conviction under Akta 792 s18
  3. 3 Whether the accused could rely on belief that complainant was over 16 (statutory defence)

Ratio Decidendi

Court convicted accused on both counts because the complainant's detailed, credible and unchallenged testimony met the threshold under Akta 792 s18 to prove the sexual acts and her age was established by identity card digits; statutory provisions (s20 and s24 Akta 792) barred the accused's mistaken‑age defence and precluded non‑custodial bond relief, leading to conviction and imposition of consecutive custodial sentences with caning.

Court Disposition

Accused convicted on both counts and sentenced

Orders

  • Accused found guilty on both counts under s376(1) Penal Code (rape)
  • Sentence of 5 years imprisonment and 3 strokes of the rotan for each count