Malaysia Case Law: Decisions & Judgments

Topic

Corroboration of complainant evidence

Legal area

Court

17 Sept 2025

[Timbalan (TPR), Jabatan Peguam Negara] KHAIRUL AZWAN BIN CHE ISMAIL

Citation

CB-82-2-09/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-82-2-09/2023 (Mahkamah Majistret)

The court was satisfied beyond reasonable doubt that the accused intentionally used criminal force to outrage the complainant's modesty: the complainant's testimony was unusually convincing and corroborated by prompt complaints and a police report; the defence explanation was implausible; accordingly the accused was convicted under s.354 KK and sentenced to 13 months' imprisonment given the seriousness and abuse of position.
11 Apr 2022

[ ] Mohamad Amirul Amin Bin Mohd Fadzil

Citation

DA-42JSKS-3-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-42JSKS-3-09/2019 (Mahkamah Tinggi)

Convictions were upheld because the trial judge correctly found the complainant's evidence credible and detailed, corroborated by other witnesses and medical evidence, thereby proving elements of s376(2)(d) and s377CA; absence of two friends did not justify adverse inference; defence was a bare denial and failed to raise reasonable doubt; sentencing was reduced on mitigation (youth, first offence) but convictions stood.
20 May 2021

Abd Ghani bin Abd Karim

Citation

WA-42S-6-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-42S-6-07/2020 (Mahkamah Tinggi)

The trial judge's acceptance of the victim's credible, detailed testimony was supported by corroborative evidence (medical evidence of vaginal tear consistent with timing, discovery of a green screwdriver, and unique identifying feature), the appellant failed to provide a valid or substantiated alibi (exhibit D38 was vague and no proper notice provided), and there were no compelling reasons to disturb the factual findings; therefore conviction under s376(1) and s506 and the sentences imposed were affirmed.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] KHAIRUL AZWAN BIN CHE ISMAIL

[ ] Mohamad Amirul Amin Bin Mohd Fadzil

Abd Ghani bin Abd Karim