Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

No miscarriage of justice arose from the change of judge; the succeeding judge was entitled under s261 KTJ to act on the complete recorded evidence; the complainant's evidence was unusually compelling and corroborated sufficiently to establish penetration and the victim's age, satisfying s376 KK; defence evidence was unconvincing and interest‑tainted; sentence of 13 years imprisonment and 5 strokes with ancillary orders was within lawful range and not manifestly excessive; appeal dismissed and conviction and sentence upheld, imprisonment to run from 30.10.2025.

Citation
BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
Parties
Appellant / Perayu: Mior Saifuldin bin Mior Sharuddin; Respondent: Public Prosecutor (Pendakwa Raya)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 October 2025
Case Number
BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal (rape/statutory Rape) / High Court Appeal Judgment (appeal Dismissed)
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Rape, Statutory Rape (under‑16), Change of Judge / Succession of Judge, Credibility of Witness, Sentence Review, Procedure for Amendment of Charge
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Criminal Procedure Rape Statutory Rape (under‑16) Change of Judge / Succession of Judge Credibility of Witness +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 20 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mior Saifuldin bin Mior Sharuddin

Appellant / Perayu

Public Prosecutor (Pendakwa Raya)

Respondent

Procedural Posture

Criminal Appeal (rape/statutory Rape) / High Court Appeal Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether change of judge during hearing caused prejudice / miscarriage of justice
  2. 2 Whether succeeding judge was obliged to recall witnesses or could act on the recorded notes under s261 KTJ
  3. 3 Whether prosecution discharged burden to prove offence under s376 KK (statutory rape)

Ratio Decidendi

No miscarriage of justice arose from the change of judge; the succeeding judge was entitled under s261 KTJ to act on the complete recorded evidence; the complainant's evidence was unusually compelling and corroborated sufficiently to establish penetration and the victim's age, satisfying s376 KK; defence evidence was unconvincing and interest‑tainted; sentence of 13 years imprisonment and 5 strokes with ancillary orders was within lawful range and not manifestly excessive; appeal dismissed and conviction and sentence upheld, imprisonment to run from 30.10.2025.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Conviction under section 376 Kanun Keseksaan upheld
  • Sentence of imprisonment for 13 years and 5 strokes of the rotan affirmed