Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Gang rape (section 375b)

Legal area

Court

16 Jun 2025

1. ) MUHAMMAD SHAFIQ BIN MANSOR 2. ) MUHAMMAD AIMAN BIN MAHAMAD 3. ) MUHAMMAD FATHURRAHMAN BIN AMMAR EFFENDI 4. ) MUHAMMAD AMIR BIN ABDUL RAHMAN

Citation

RA-44-1-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

RA-44-1-06/2025 (Mahkamah Tinggi)

The High Court dismissed the application because the applicants failed to demonstrate special or exceptional reasons under section 57(1) and precedent to justify suspension of the execution of their sentences pending appeal; reasons offered (celebration, youth, intention to appeal) were not sufficient and the seriousness of the offence (section 375B gang rape) weighed against granting a stay.
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 prosecution proved beyond reasonable doubt the elements of gang rape under Section 375B: the victim was a female minor under sixteen, penetration by the accuseds occurred (established by credible sworn testimony and corroborated by an eyewitness and circumstantial evidence), and the accuseds shared a common intention to commit the sexual acts; defence evidence amounted to bare denials and afterthoughts and failed to raise reasonable doubt, leading to conviction and sentencing as recorded.