Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Section 376(1) penal code

  • 12 Jan 2026

    MOHAMMAD NOOR FAZLIEY AFANDI BIN ZAMRI

    Citation
    DJ-62JSK-2-01/2026 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DJ-62JSK-2-01/2026 (Mahkamah Sesyen)

    Accused convicted on plea; after considering mitigation (guilty plea, young accused, no prior record) and aggravation (victim aged 13, deception, public interest), the court imposed a custodial sentence of 7 years and three strokes of the cane, plus counselling and two years police supervision, as proportionate under section 376(1) Penal Code.

  • 31 Dec 2024

    OMAR HAMZAH BIN KHALIT

    Citation
    DI-62JS-1-03/2021 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DI-62JS-1-03/2021 (Mahkamah Sesyen)

    Applying maximum evaluation to prosecution evidence the court found material inconsistencies in witness accounts, failure to call a pivotal alibi witness (Koperal Zainal) permitting an adverse inference under Section 114(g) Evidence Act, lack of identification of seized exhibits and absence of corroborative DNA or clear temporal linkage from medical evidence; cumulatively the prosecution failed to establish a prima facie case and the accused was therefore acquitted and discharged.