SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

The High Court was correct to infer that an order directing the accused to enter his defence imported that a prima facie case had been made out; after evaluating the totality of evidence including the complainant's credible testimony and supporting factors (complainant's background and mental health effects,...

Source-derived case information.

Citation
BA-42S-9-09/2024 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Syed Shah Iqmal bin Syed Mohd Shaiful
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 January 2026
Case Number
BA-42S-9-09/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Decision on Appeals Against Conviction and Sentence
Outcome
both appeals dismissed
Legal Topics
Rape, Consent, Prima Facie, Evidence, Sentence, Mental Health
Criminal Law Sexual Offences Criminal Procedure Rape Consent Prima Facie Evidence Sentence +1 more

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Parties

Pendakwa Raya

Prosecution

Syed Shah Iqmal bin Syed Mohd Shaiful

Defendant

Procedural Posture

Criminal Appeal / Decision on Appeals Against Conviction and Sentence

  1. 1 Whether the High Court order permitting the accused to be called to defend imported a finding of a prima facie case by the prosecution
  2. 2 Whether elements of rape under s.375/376(1) were proved
  3. 3 Whether the accused's defence raised a reasonable doubt

Ratio Decidendi

The High Court was correct to infer that an order directing the accused to enter his defence imported that a prima facie case had been made out; after evaluating the totality of evidence including the complainant's credible testimony and supporting factors (complainant's background and mental health effects, accused's status and conduct, chronology and post-event conduct) the elements of rape under s.376(1) were established beyond reasonable doubt; the accused's defence was disbelief/denial with material contradictions and failed to raise reasonable doubt; and the sentence of 10 years imprisonment and three strokes was not grossly inadequate and therefore upheld. Execution of sentence was...

Court Disposition

both appeals dismissed

Orders

  • Conviction under section 376(1) Kanun Keseksaan upheld
  • Sentence of ten years imprisonment and three strokes upheld