MOHAMAD ABU AKKAS v Pendakwa Raya
ja-42jsks-11-04-2025 High Court (Mahkamah Tinggi) 29 December 2025 • JA-42JSKS-11-04/2025 • 39 min read
15 cases cited
(0 SG, 15 foreign)
Catchwords
CRIMINAL LAW: Sexual Offences Against Children – Physical sexual assault – Digital anal penetration – Elements of offence under section 14(d) of Sexual Offences Against Children Act 2017 (Act 792) – Whether act of inserting finger into anus of child constitutes physical contact without sexual intercourse for sexual purpose – Whether all three elements of offence established by prosecution EVIDENCE: Direct evidence – Tactile perception – Section 60(1)(c) of Evidence Act 1950 – Whether direct evidence confined to visual perception – Whether physical sensation of penetration perceived through sense of touch constitutes direct evidence – Whether cross-examination premised on visual perception undermines direct evidence founded on tactile perception EVIDENCE: Identity – Circumstantial evidence – Opportunity – Whether identity of perpetrator established through convergence of undisputed sleeping arrangements, tactile perception and face-to-face identification – Whether cumulative circumstantial evidence incompatible with innocence of accused and incapable of explanation on any other hypothesis – Whether failure to cross-examine prosecution witness on crucial matter amounts to acceptance of that witness's testimony – Whether alternative hypothesis not put to prosecution witnesses during cross-examination may be raised in submissions EVIDENCE: Corroboration – Child witness – Sexual offence – Whether conviction may be founded on uncorroborated evidence of child victim – Whether evidence of child victim "unusually convincing" – Whether complaint by victim to family member constitutes corroboration – Whether complaint made at first reasonable opportunity – Whether conduct and demeanour of victim after incident constitutes corroboration – Whether witnesses who did not witness offence may provide corroborating evidence – Section 18 of Act 792 EVIDENCE: Admissibility – Complaint evidence – Hearsay – Whether evidence of complaint by victim to third party constitutes inadmissible hearsay – Whether complaint evidence received to prove truth of contents or as evidence of relevant fact – Whether complaint evidence admissible under section 8(2) illustration (j) of Evidence Act 1950 – Whether third-party witness required to be confirmed by complainant in identical terms EVIDENCE: Competency of child witness – Section 133A of Evidence Act 1950 – Whether child victim competent to give evidence – Competency inquiry – Whether trial judge's direct observation of child during competency inquiry fortifies credibility finding EVIDENCE: Medical evidence – Corroboration – Anal fissure – Whether medical findings consistent with penetration and external pressure constitute corroboration of complainant's testimony – Whether theoretical concession by medical witness of alternative cause sufficient to raise reasonable doubt – Whether constipation hypothesis must be established as factual premise before it may be relied upon as live issue – Whether failure to put constipation hypothesis to any witness as fact precludes reliance on it CRIMINAL LAW: Sentencing – Sexual offence against child – Whether sentence of eight years' imprisonment and five strokes of rattan manifestly excessive – Sentencing principles – Gravity of offence – Vulnerability of victim – Whether rehabilitation counselling under section 26 of Act 792 correctly ordered
Judges (1)
Counsel (5)
Parties (2)
Statutes Cited
Cases Cited (15)
MY (15)
[1950] 16 MLJ 33 [1966] 2 MLJ 195 [1967] 1 MLJ 220 [1976] 2 MLJ 256 [1981] 1 MLJ 212 [1988] 1 MLJ 167 [2000] 3 MLJ 503 [2001] 7 CLJ 466 [2004] 3 CLJ 737 [2005] 1 CLJ 85 [2011] 4 MLJ 694 [2017] 6 MLJ 529 [2022] MLJU 14 [2022] MLJU 2519 [2024] 8 CLJ 359
Judgment
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Read on eJudgmentSource: eJudgment (ja-42jsks-11-04-2025)