Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Child witness credibility

  • 15 Oct 2025

    Hasrul bin Hassan

    Citation
    BC-62JSK-61-07/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    BC-62JSK-61-07/2022 (Mahkamah Sesyen)

    The court convicted because the prosecution proved both counts beyond reasonable doubt: the 7-year-old complainant's testimony was credible, detailed and corroborated by parents and investigators (including a contemporaneous complaint, a drawing and demonstration), the defence raised only uncorroborated denial and afterthought alibi and failed to introduce independent evidence to create reasonable doubt, and the relationship of trust under Section 16(1) was established by marriage and birth certificate evidence.

  • 10 Sept 2025

    MOHD ADLI BIN JUSOH

    Citation
    DJ-62JSK-52-12/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    DJ-62JSK-52-12/2023 (Mahkamah Sesyen)

    Court accepted the child complainant's testimony as credible despite minor inconsistencies, found the defence narrative amounted to denial not a properly-notified alibi, and concluded the prosecution proved the elements of s.14(d) AKSTKK beyond reasonable doubt; conviction followed.

  • 28 Oct 2024

    AHMAD RADZI BIN ROSLAN

    Citation
    AA-42JSKS-1-02/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42JSKS-1-02/2023 (Mahkamah Tinggi)

    The High Court upheld the conviction because the child victim's testimony, when assessed holistically, was credible and consistent on material points and supported by medical evidence of bruising consistent with blunt penetration; re-examination was a permissible clarification not new evidence; the late affidavit (Exhibit D15) and SD2 were unreliable/afterthought or interested and insufficient to raise reasonable doubt; and the sentence fell within judicial discretion, therefore both the appeal and cross-appeal were dismissed though conditional suspension under s.311 was permitted as previous…

  • 27 Feb 2020

    PENDAKWARAYA Timbalan MBR

    Citation
    BH84-11-02/2019 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BH84-11-02/2019 (Mahkamah Majistret)

    Although the Sexual Offences Against Children Act permits conviction on uncorroborated child evidence, the court found SP1 was not of tender years but her testimony was materially inconsistent, vague on the crucial fact of penetration, and not corroborated by police or medical reports; therefore prosecution failed to establish a prima facie case and the accused was acquitted and discharged under Child Act s90(10).