4 Sept 2020
PENDAKWARAYA Muhammad Fariz Afiq bin Mohd Rohizi
- Citation
- AB - 42S - 8 - 02/2020 & AB - 42JSKH - 2 - 02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB - 42S - 8 - 02/2020 & AB - 42JSKH - 2 - 02/2020 (Mahkamah Tinggi)
The appellate court upheld the conviction because the child complainant was competent and credible, his testimony was corroborated by immediate disclosure to his mother, the police report, positive identification at an ID parade and in court, and medical evidence of fresh perianal tears consistent with finger insertion; these combined proved the elements of Section 377CA beyond reasonable doubt. Absence of forensic sperm or fingernail evidence did not undermine the case. The sentence of eight years imprisonment and four strokes, together with rehabilitative counselling, was within lawful disc…