MOHD AZHAR v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]
Catchwords
The need to pen down this judgment has now arisen from an appeal against my decision handed down on the 16th of November 2023 whereby I confirmed and sustained the sentence imposed by the Sessions Court on the accused person i.e.- 12 years of imprisonment from the date of arrest and 3 strokes of whipping for a rape offence under section 376 of the Penal Code. Due to the appeal lodged to the Court of Appeal against my decision, I hereby provide my ratiocination pertaining to this matter. Rape by its very nature is a violent assault and intrusion into a female’s bodily privacy and sanctity. The sentence passed by the Sessions Court is appropriate and fitting according to the circumstances of the case after weighing the interest of both parties in this case and eventually the public interest element and justice to the victim must necessarily prevail. This matter therefore does not warrant my curial intervention. I hereby affirm the decision of the Sessions Court and this appeal is accordingly dismissed. So ordered.
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-42h-3-02-2023)