Malaysia Case Law: Decisions & Judgments

Topic

Gang rape

Legal area

Court

11 Jun 2025

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Citation

AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62JSK-12-07/2022 (Mahkamah Sesyen)

Victim's detailed, consistent sworn testimony corroborated by an independent witness, photographic identification of scene, medical evidence of hymenal tear, and credible circumstantial facts established penetration and that the three accused acted with common intention to commit gang rape under s375B; defence denials were found to be afterthoughts and bare denials; accordingly accused convicted and sentenced as set out.
11 Jun 2025

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Citation

AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62JSK-12-07/2022 (Mahkamah Sesyen)

The court found prosecution proved beyond reasonable doubt the elements of Section 375B via the victim's credible, detailed and consistent testimony corroborated by eyewitness SP4, circumstantial evidence and medical findings; defence versions were assessed as afterthoughts or bare denials and failed to raise reasonable doubt, therefore the accused were convicted and punished accordingly.
11 Jun 2025

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Citation

AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62JSK-12-07/2022 (Mahkamah Sesyen)

The court convicted the accused because the prosecution proved beyond reasonable doubt the elements of Section 375B: the complainant was under sixteen, credible sworn testimony established penile penetration corroborated by witness SP4 and circumstantial evidence and medical findings, identification was reliable despite procedural irregularities, and the defendants’ explanations were bare denials/afterthoughts incapable of creating reasonable doubt; common intention to commit gang rape was inferred from planning, proximity and conduct.
11 Jun 2025

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

Citation

AG-62JSK-12-07/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-62JSK-12-07/2022 (Mahkamah Sesyen)

The court found the prosecution proved a prima facie case beyond reasonable doubt: the complainant gave consistent, detailed and credible sworn testimony of penetration by the three accused, corroborated by an independent witness (SP4) and circumstantial evidence identifying the location and sequence of events; common intention was inferred from prior contact, transport of complainant to an isolated house and contemporaneous presence and actions of the accused; defence amounted to bare denial and afterthought and failed to raise reasonable doubt; accordingly the accused were convicted under S…
5 Dec 2019

ZAINURIN BIN JOHARI

Citation

WA-41LB-15-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-41LB-15-11/2018 (Mahkamah Tinggi)

The High Court dismissed the prosecution appeals: it found the Magistrate acted within her judicial discretion under section 254 CPC to acquit and discharge the accused because the prosecution repeatedly failed to produce the victim and gave no satisfactory explanation after prolonged delay causing prejudice; further the appeals were incompetent because the High Court was obliged by section 95(3) of the Child Act 2001 to deliver its final decision within 12 months of the notice of appeal and that period had elapsed, rendering the appeal procedurally barred.

Malaysia Case Law

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

1. ) NOOR DANIAL HAMIZAN BIN MOHD NOOR 2. ) MUHAMMAD AZEEM BIN ABDUL RAHMAN 3. ) MOHAMAD ARIFF HAIKAL BIN ARAPIN

ZAINURIN BIN JOHARI