[ ] ZULKEPLI BIN ISMAIL

[ ] ZULKEPLI BIN ISMAIL

Court accepted the testimony of the two victims as credible despite minor inconsistencies and delay, found that prosecution proved all elements of rape under s376(2)(c) and sexual assault against a child under s14 read with s16 AKSTKK beyond reasonable doubt, rejected defence explanation as afterthought lacking contemporaneous exculpatory steps, and convicted and sentenced the accused accordingly.

Citation
DJ-62JSK-2-01/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Zulkepli bin Ismail
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 August 2025
Case Number
DJ-62JSK-2-01/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Guilty on both charges; convicted and sentenced
Legal Topics
Rape Under Section 376(2)(c) Penal Code, Sexual Assault of a Child Under Section 14 AKSTKK, Aggravated Sentence Under Section 16 AKSTKK, Witness Credibility, Sentencing and Concurrent Sentences
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Rape Under Section 376(2)(c) Penal Code Sexual Assault of a Child Under Section 14 AKSTKK Aggravated Sentence Under Section 16 AKSTKK Witness Credibility +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 7 Authorities cited 8 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Zulkepli bin Ismail

Defendant

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the testimony of SP4 and SP5 is credible and can be accepted
  2. 2 Whether prosecution proved elements of rape under s376(2)(c) Penal Code beyond reasonable doubt
  3. 3 Whether prosecution proved elements of sexual assault under s14 AKSTKK read with s16 AKSTKK beyond reasonable doubt

Ratio Decidendi

Court accepted the testimony of the two victims as credible despite minor inconsistencies and delay, found that prosecution proved all elements of rape under s376(2)(c) and sexual assault against a child under s14 read with s16 AKSTKK beyond reasonable doubt, rejected defence explanation as afterthought lacking contemporaneous exculpatory steps, and convicted and sentenced the accused accordingly.

Court Disposition

Guilty on both charges; convicted and sentenced

Orders

  • For Case No. DJ-62JSK-2-01/2023: Imprisonment 15 years from date of conviction (14.08.2025) and 3 strokes of whipping under section 376(2) Penal Code; Police supervision order for 1 year after release under section 295 Criminal Procedure Code.
  • For Case No. DJ-62JSK-29-08/2023: Imprisonment 4 years and 2 strokes under section 14(a) AKSTKK; Imprisonment 1 year and 2 strokes under section 16 AKSTKK; the sentences under sections 14 and 16 AKSTKK run concurrently; the AKSTKK sentence runs concurrently with the sentence under case DJ-62JSK-2-01/2023; Order for...