7 May 2025
Firdaus Azzamuddin Bin Arifin [TIMBALAN ]
- Citation
- B-09-96-04/2024 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- B-09-96-04/2024 (Mahkamah Rayuan)
The Court of Appeal held the indictment's time particulars were not materially defective and did not prejudice the appellant; lack of new vaginal tears did not negate penetration or the complainant's evidence; the trial judge was entitled to find the complainant credible and the inconsistencies were immaterial; accordingly the conviction under the rape provisions and the sentence (12 years' imprisonment and five strokes) were affirmed and the appeal was dismissed; bail paid for suspension of sentence to be returned to the surety.