Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Child sexual abuse

  • 29 Apr 2026

    OMAR HAMZAH BIN KHALIT

    Citation
    DI-62JS-1-03/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DI-62JS-1-03/2021 (Mahkamah Sesyen)

    Court convicted because forensic evidence (P25) established accused's semen on the victim's clothing and medical evidence (P9) showed a fresh hymen tear consistent with recent penetration; notwithstanding some inconsistencies in witness statements, the totality of forensic and medical evidence and the inability of the defence to raise reasonable doubt led the court to find the prosecution proved the offence beyond reasonable doubt and to reject the alibi/denial.

  • 2 Apr 2026

    AHMAD UMAR BIN MOKTHAR

    Citation
    BL-62JSK-53-06/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BL-62JSK-53-06/2024 (Mahkamah Sesyen)

    The court found material inconsistencies in the complainant's evidence compared with supporting witnesses (notably dates and existence of drug paraphernalia) and an inability to causally link the medical findings to the charged act; therefore prosecution failed to establish a prima facie case under s.14(d) Sexual Offences Against Children Act 2017 and the accused was discharged without being called to present a defence.

  • 27 Feb 2026

    ZULPANDY BIN RISPEN EFFENDI

    Citation
    BA-42JSKS-8-04/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKS-8-04/2025 (Mahkamah Tinggi)

    The appellate court upheld the conviction because the trial judge's finding that the complainant's testimony was clear, detailed, consistent and corroborated by independent witnesses and documentary evidence was reasonable on the record; deficiencies in forensic/CCTV evidence and the existence of an old hymenal tear did not render the prosecution case unsafe, and there was no demonstrable misdirection or perversity in the trial court's assessment of credibility.

  • 17 Dec 2025

    RAHNI BIN MAT SUDIN

    Citation
    AB-42JSKLB-2-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB-42JSKLB-2-07/2024 (Mahkamah Tinggi)

    The High Court found the Sessions Judge erred in concluding the defence raised reasonable doubt; the complainant was credible and her account of three rapes was corroborated by medical findings of old hymenal tears, a psychological report indicating trauma, and forensic evidence from the defendant's phone including sexual images and WhatsApp communications indicating sexual interest and capability; absence of a potency test was not fatal where other evidence established sexual capacity; accordingly the acquittal was set aside, defendant convicted on three counts under s.376B and sentenced to…

  • 20 Nov 2025

    MOHD NASIRI BIN MOHD RADZI

    Citation
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    RA-62JSK-41-12/2023 (Mahkamah Sesyen)

    The court accepted the child victim's sworn testimony as competent, credible and sufficient under ss.17 and 18 Akta 792, corroborated by medical findings and supporting witnesses; defence alibi and interested witness testimony were unreliable; thus elements of sexual assault under s.14(a) Akta 792 and rape under s.376(2)(f) Kanun Keseksaan were proved beyond reasonable doubt, warranting conviction and the sentencing orders made (concurrent imprisonment terms, caning as per statutes, compensation, rehabilitative counselling and police supervision).

  • 8 Aug 2024

    ZAINUDDIN BIN MAT ISA

    Citation
    AA-42JSKS-4-08/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-4-08/2023 (Mahkamah Tinggi)

    Appeal against conviction dismissed: High Court held the six proven offences were parts of a single series of connected acts forming the same transaction under s.165 KTJ so consolidation was proper; the child complainant was credible and her account was supported by prompt police report, medical evidence and recovery of the dildo; defence recordings and alibi failed to raise reasonable doubt and statutory alibi notice requirements were not met; convictions under s.14(a) Akta 792, s.377CA and s.376B KK were upheld. On sentence the court modified the Sessions Judge's orders so specified impriso…

  • 6 Jun 2024

    FAIROL EZHAR BIN AMIN

    Citation
    PB-42JSKS(A)-1-11/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    PB-42JSKS(A)-1-11/2023 (Mahkamah Tinggi)

    The High Court upheld the trial judge: the charge contained sufficient particulars; the prosecution validly proceeded despite the complainant's subsequent withdrawal of the police report because DPP discretion permits continuation where evidence is strong; the complainant's credible, detailed testimony proved the elements of s14(a) read with s16(1) Akta 792 beyond reasonable doubt and s18 permits conviction on uncorroborated child evidence; defence amounted to bare denial and failed to raise reasonable doubt; sentence was within lawful range and appropriate in public interest.

  • 26 Apr 2024

    MOHD ALI BIN HASSAN

    Citation
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AC-62JSK-23-12/2022 (Mahkamah Sesyen)

    The court found the prosecution proved beyond reasonable doubt the elements of Section 14(a) Akta 792 based on a competent and consistent child witness whose testimony was unusually convincing and corroborated by supporting witnesses and photographic identification; the accused's denial was mere denial and did not raise reasonable doubt; accordingly the accused was convicted under Section 14(a) and sentenced to three years' imprisonment with rehabilitative counselling during incarceration and one year police supervision after release; whipping was not imposed given judicial discretion and the…

  • 27 Mar 2024

    LUKMAN HAKIM BIN HUSIN

    Citation
    AA-42JSKH-14-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKH-14-06/2023 (Mahkamah Tinggi)

    The Sessions Court did not err in imposing consecutive sentences because the three offences occurred on distinct dates with approximately 24-hour breaks, failing the proximity in time element of the one-transaction rule; the sentencing judge considered mitigation and aggravating factors including position of trust and properly exercised discretion; consecutive sentences are justified for deterrence and protection of vulnerable victims, so the appeal is dismissed and the original sentences are affirmed.

  • 19 Jun 2023

    AHMAD NAZROL FAHMI BIN MUSTAFA

    Citation
    BA-42JSKS-1-01/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKS-1-01/2023 (Mahkamah Tinggi)

    Conviction was upheld because the child complainant’s sworn evidence was found unusually convincing, consistent on the core facts, and admissible under s18 AKSTK despite lack of corroboration; alleged contradictions and investigative omissions were non-material and not fatal; however the aggregate sentence imposed by the trial court was manifestly excessive and was reduced by the High Court to 6 months imprisonment (from date of High Court decision) and two strokes, with other ancillary orders maintained.