AZHAR IQMAL BIN KHAIRUL HELMEE v Pendakwa Raya
Catchwords
Criminal Law — Rape — Appeal against conviction and sentence — Whether conviction safe — Material discrepancy between charge and evidence — Date stated in charge (6 September 2022) vs evidence adduced (6 May 2022) — Whether variance of four months fatal — Failure to amend charge under Section 158 CPC — Prejudice to accused in mounting defence — Fair trial rights — Whether prosecution proved case beyond reasonable doubt — Complainant's credibility and consistency — Material inconsistencies in complainant's account — Medical history recorded location as Pulau Perhentian (not Pulau Redang) and assailant as "unknown person" — Contradictions between police statement, medical examination, and court testimony — Subsequent conduct of complainant — Voluntary sexual activity with another individual immediately after alleged rape — Complainant found with other adult males on separate occasions — Whether complainant's testimony "unusually convincing"— Whether medical evidence supported prosecution's case — Old hymenal tear at 1 o'clock position — No acute injuries consistent with recent forcible penetration — Tear could have occurred as early as 2020 — Absence of DNA or forensic evidence linking accused to complainant — Whether medical evidence neutral or favourable to defence Criminal Law — Evidence — Corroboration — Evidence of compromised witness — Witness separately charged for sexual offences involving same complainant — Witness admitted to sexual intercourse with complainant immediately after alleged offence — Whether such witness independent — Whether evidence approached with caution — Witness's observation of semen contradicted by negative forensic findings — Witness did not witness actual sexual intercourse — Whether evidence properly treated as corroborative — Failure to call material witnesses — Resort staff ("Aje," "Awe," "Jeme," "Piji") not called despite potential relevance — Whether absence created lacuna in prosecution case — Investigating officer acknowledged potential relevance of witnesses — Whether reasonable doubt arose from unexplained gaps — Extortion allegation — Appellant's evidence that complainant's mother demanded RM200,000 to withdraw complaint — Complainant's mother admitted meeting with appellant's mother but denied demand — Whether allegation capable of raising reasonable doubt — Whether trial judge erred in dismissing evidence as afterthought — Relevance to motive behind complaint and credibility of prosecution witnesses
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-42jsks-1-01-2025)