ANAS DANIEL BIN MOHD BAHRIN

ANAS DANIEL BIN MOHD BAHRIN

After maximum evaluation the court found the complainant credible and consistent; medical and forensic evidence corroborated penetration and non-consensual acts including oral penetration and insertion of an object; chain of evidence and exhibits sufficiently linked accused to offences; defence amounted to bare denial and afterthoughts insufficient to raise reasonable doubt; therefore prosecution proved offences under ss 376, 377C and 377CA beyond reasonable doubt and concurrent custodial sentences and caning were appropriate.

Citation
JA-62JS-18-10/2021 (Mahkamah Sesyen)
Parties
Accused: Anas Daniel bin Mohd Bahrin; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 July 2023
Case Number
JA-62JS-18-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Sentencing
Outcome
Accused convicted of offences under Penal Code ss 376, 377C and 377CA; sentenced
Legal Topics
Rape, Oral Sexual Assault, Sexual Penetration With Object, Consent, Corroboration, Prima Facie Test, Chain of Custody, Sentencing, Concurrent Sentences, Police Supervision
Source Language
Malay/English
Criminal Law Sexual Offences Criminal Procedure Evidence Law Forensic Science Rape Oral Sexual Assault Sexual Penetration With Object +7 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 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Anas Daniel bin Mohd Bahrin

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Trial Sentencing

Legal Issues

  1. 1 whether the prosecution proved elements of rape under s375/376
  2. 2 whether penetration occurred
  3. 3 whether the sexual acts were without consent

Ratio Decidendi

After maximum evaluation the court found the complainant credible and consistent; medical and forensic evidence corroborated penetration and non-consensual acts including oral penetration and insertion of an object; chain of evidence and exhibits sufficiently linked accused to offences; defence amounted to bare denial and afterthoughts insufficient to raise reasonable doubt; therefore prosecution proved offences under ss 376, 377C and 377CA beyond reasonable doubt and concurrent custodial sentences and caning were appropriate.

Court Disposition

Accused convicted of offences under Penal Code ss 376, 377C and 377CA; sentenced

Orders

  • Pertuduhan Pertama (s376): imprisonment 13 years from date of conviction and 5 strokes of the rotan (caning)
  • Pertuduhan Pindaan Kedua (s377C): imprisonment 12 years from date of conviction and 3 strokes of the rotan