Mohd Hanaffey Bin Mahadi v Pendakwa Raya
Catchwords
The proverb 'harapkan pagar, pagar makan padi' best encapsulates the facts of the case Criminal Appeal - s 376(1) Penal Code -Complainant is an Indonesian, fled from her employer's house - Appellant is a police officer, brought the complainant to a hotel and had sexual intercourse with her Whether sexual intercourse took place - no new tear of the hymen - complainant is a married woman and has a child from her marriage- new penetration would not in all circumstances produce new tears if there had been prior older tears- the lack of a sign of new tear of hymen does not suggest there was no penetration Consent - from the action to escape or seek help which could have been taken but was not by the complainant, it can be said there was consensual sex Position of authority - by virtue of his authoritative position as a policeman that the appellant was able to exert a significant or undue influence over the complainant that the complainant felt compelled to have sex with appellant - This is considered rape under s375(f) Penal Code Conviction and sentence affirmed
Judges (1)
Case Significance
Mohd Hanaffey Bin Mahadi v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated October 13, 2025 (citation: ja-42s-6-05-2023). The case was decided by Kan Weng Hin.
Key issues: The proverb 'harapkan pagar, pagar makan padi' best encapsulates the facts of the case.
What was the outcome of Mohd Hanaffey Bin Mahadi v Pendakwa Raya?
Mohd Hanaffey Bin Mahadi v Pendakwa Raya is a High Court decision dated October 13, 2025. The case was heard by Kan Weng Hin. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-42s-6-05-2023)