Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Credibility of complainant

  • 27 Apr 2026

    ABDUL BASIT BADAR BIN MOHAMAD

    Citation
    JA-42JSKH-7-03/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42JSKH-7-03/2025 (Mahkamah Tinggi)

    The High Court held the conviction was safe because the complainant's evidence was detailed, consistent and 'unusually convincing'; alleged investigative gaps and claimed motive were afterthoughts that did not create reasonable doubt; the alibi was inadmissible for lack of notice; accordingly conviction was upheld and the sentence was increased from 6 to 7 years imprisonment while retaining three strokes and ordering statutory rehabilitation and police supervision.

  • 27 Apr 2026

    ABDUL BASIT BADAR BIN MOHAMAD

    Citation
    JA-42JSKS-9-03/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42JSKS-9-03/2025 (Mahkamah Tinggi)

    The High Court dismissed the appeal against conviction because the trial judge correctly found the complainant's evidence to be detailed, consistent and 'unusually convincing' such that the conviction was safe despite investigative gaps and alleged afterthought defences; the alibi was properly excluded for failure to give statutory notice; on sentencing the court exercised its appellate power to increase imprisonment from 6 to 7 years while maintaining three strokes and ancillary rehabilitation and supervision orders, with police supervision reduced to 2 years.

  • 27 Apr 2026

    ABDUL BASIT BADAR BIN MOHAMAD

    Citation
    JA-42JSKS-9-03/2025 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-42JSKS-9-03/2025 (Mahkamah Tinggi)

    The High Court upheld the conviction because the trial judge properly assessed and accepted the complainant's detailed and consistent testimony as unusually convincing; the accused's alibi was rightly excluded for failure to give statutory notice; deficiencies in investigation were not fatal given corroborative independent evidence; sentence was varied on appeal under s316(b)(ii) KTJ to increase imprisonment to seven years while retaining three strokes and orders for rehabilitation and police supervision (2 years).

  • 23 Jan 2026

    SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

    Citation
    BA-42H-35-09/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42H-35-09/2024 (Mahkamah Tinggi)

    The High Court held there was no error in the trial court's findings: the prosecution proved the elements of rape under s376(1) (sexual intercourse, penetration and lack of consent) based on the complainant's credible testimony supported by corroborative background and medical/psychiatric evidence; the accused's defence amounted to bare denial and did not raise reasonable doubt; both the accused's and prosecution's appeals were dismissed and the conviction and sentence of 10 years' imprisonment and three strokes of rotan were upheld, to commence immediately with no stay.

  • 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…

  • 30 Oct 2025

    Mior Saifuldin Bin Mior Sharuddin [Pegawai Pendakwa (PDRM)]

    Citation
    BA-42JSKS-13-12/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42JSKS-13-12/2024 (Mahkamah Tinggi)

    The High Court dismissed the appeal because the successor judge lawfully acted on the complete recorded evidence under s261 CPC without causing prejudice, the complainant's testimony was found to be unusually compelling and corroborated by other consistent evidence, the elements of statutory rape under s376 were established beyond reasonable doubt, and the sentence (13 years imprisonment and 5 strokes) was within lawful range and not manifestly excessive.

  • 29 Jul 2025

    Hamizal Bin Osman

    Citation
    BA-62JS-4-11/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BA-62JS-4-11/2022 (Mahkamah Sesyen)

    On maximum evaluation the prosecution proved both elements of rape: that the accused's penis was inserted into the complainant's vagina (penetration) and that the act was without her consent; supporting evidence included the complainant's consistent core account, police reports, corroborating witness testimony about the accused's presence and conduct, and medical findings; defence denial and supporting witnesses failed to raise a reasonable doubt. Accordingly the accused was convicted under Section 376(1) Penal Code and sentenced to 12 years' imprisonment with ancillary police supervision and…

  • 15 May 2025

    SYAZWAN AFIQ BIN SHARIFF [ ]

    Citation
    DA-42JSKS-2-04/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-42JSKS-2-04/2024 (Mahkamah Tinggi)

    The High Court allowed the appeal because the prosecution failed to prove the essential element of recent penile penetration beyond reasonable doubt: the complainants testimony was inconsistent and unreliable on critical points, medical and forensic evidence did not demonstrate recent penetration or presence of spermatozoa on the victims body, and mixed DNA on bedding was not conclusive; the trial judge erred in shifting burden to the accused. Conviction could not stand and appellant was acquitted.

  • 7 May 2025

    Firdaus Azzamuddin Bin Arifin [TIMBALAN ]

    Citation
    B-09-96-04/2024 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    B-09-96-04/2024 (Mahkamah Rayuan)

    The Court of Appeal held the indictment's time particulars were not materially defective and did not prejudice the appellant; lack of new vaginal tears did not negate penetration or the complainant's evidence; the trial judge was entitled to find the complainant credible and the inconsistencies were immaterial; accordingly the conviction under the rape provisions and the sentence (12 years' imprisonment and five strokes) were affirmed and the appeal was dismissed; bail paid for suspension of sentence to be returned to the surety.

  • 24 Dec 2024

    [ ] MOHAMAD SYUKRI BIN AHMAD ZANI

    Citation
    DA-62JS-12-10/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DA-62JS-12-10/2022 (Mahkamah Sesyen)

    The prosecution failed to prove the critical element of lack of consent and did not establish a reliable date or coherent account; material inconsistencies in the complainant's statements and investigative shortcomings meant there was no prima facie case under Seksyen 376(1), requiring acquittal and discharge of the accused.