MOHD NAZIR BIN ZARAAI

MOHD NAZIR BIN ZARAAI

The court found the prosecution proved all elements of section 14(a) AKKSTKK 2017 beyond reasonable doubt: the child victim's sworn testimony was credible and unusually convincing and was corroborated by supporting evidence (cousin's account, medical reports). Defence denials and procedural complaints (absence of DNA, vague date, non-compliance with s.28A(2), non-production of certain witnesses) did not create reasonable doubt. Therefore the accused was convicted and sentenced accordingly.

Citation
KA-62JSK-20-08/2022 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD NAZIR BIN ZARAAI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 October 2025
Case Number
KA-62JSK-20-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment and Sentencing (conviction Entered; Appeal Pending)
Outcome
Accused found guilty and convicted under section 14(a) AKKSTKK 2017
Legal Topics
Sexual Assault, Sexual Offences Against Children, Child Witness Evidence, Corroboration, Sentence and Deterrence
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Sexual Assault Sexual Offences Against Children Child Witness Evidence Corroboration +1 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 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

MOHD NAZIR BIN ZARAAI

Accused

Procedural Posture

Criminal / Trial Judgment and Sentencing (conviction Entered; Appeal Pending)

Legal Issues

  1. 1 Whether prosecution proved elements of sexual offence under section 14(a) AKKSTKK 2017 beyond reasonable doubt
  2. 2 Whether child witness testimony could be accepted without corroboration and what weight to accord it
  3. 3 Relevance of forensic/DNA absence to the charged offence

Ratio Decidendi

The court found the prosecution proved all elements of section 14(a) AKKSTKK 2017 beyond reasonable doubt: the child victim's sworn testimony was credible and unusually convincing and was corroborated by supporting evidence (cousin's account, medical reports). Defence denials and procedural complaints (absence of DNA, vague date, non-compliance with s.28A(2), non-production of certain witnesses) did not create reasonable doubt. Therefore the accused was convicted and sentenced accordingly.

Court Disposition

Accused found guilty and convicted under section 14(a) AKKSTKK 2017

Orders

  • Sentence of imprisonment for 6 years from date of sentence
  • Accused to undergo rehabilitative counselling during imprisonment under section 26 AKKSTKK 2017