18 Jul 2024
AZMI BIN SHARIFF [Polis Diraja Malaysia (PDRM)]
- Citation
- BA-42S-3-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-42S-3-02/2024 (Mahkamah Tinggi)
Rape convictions (two counts) could not stand because the evidence did not reliably establish penile penetration and the complainant's testimony on that point was inconsistent; however conviction for sexual connection by object (s.377CA) and for outrage of modesty (s.354) were supported by evidence. Sentencing for the s.377CA offence was manifestly excessive and was reduced to five years with whipping withheld; the s.354 conviction and five‑year sentence were upheld and both sentences were ordered to run concurrently from date of the appellate decision.