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.