Wan Aziz Bin Wan Omar [ ]

Wan Aziz Bin Wan Omar [ ]

The High Court found the prosecution had established a prima facie case supported by the victim's identification, corroborative witness testimony and medical evidence; the appellant's alibi was inadmissible for failure to comply with s.402A CPC and his defence amounted to bare denial; accordingly convictions were safe and the sentences were not manifestly excessive and were therefore affirmed.

Citation
DA-42S-10-11/2023 (Mahkamah Tinggi)
Parties
Appellant: Wan Aziz bin Wan Omar; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 July 2025
Case Number
DA-42S-10-11/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal Judgment (high Court Decision on Appeal)
Outcome
Appeal dismissed; convictions and sentences of the Sessions Court affirmed.
Legal Topics
Rape, Alibi, Prima Facie, Section 376(3) Penal Code, Section 402 a Criminal Procedure Code, Sentencing Principles
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Sentencing Rape Alibi Prima Facie Section 376(3) Penal Code +2 more

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Parties

Wan Aziz bin Wan Omar

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment (high Court Decision on Appeal)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case warranting calling the accused to defend
  2. 2 Admissibility and effect of an alibi not notified under s.402A CPC
  3. 3 Sufficiency and corroboration of victim and medical evidence against an accused with familial relation to the victim

Ratio Decidendi

The High Court found the prosecution had established a prima facie case supported by the victim's identification, corroborative witness testimony and medical evidence; the appellant's alibi was inadmissible for failure to comply with s.402A CPC and his defence amounted to bare denial; accordingly convictions were safe and the sentences were not manifestly excessive and were therefore affirmed.

Court Disposition

Appeal dismissed; convictions and sentences of the Sessions Court affirmed.

Orders

  • Appeal dismissed
  • Convictions and sentences of the Sessions Court affirmed