The defendant pleaded not guilty to three charges of rape of a 12 year old female, under section 376 of the Penal Code. The complainant alleged that the defendant penetrated her on all three occasions. However, with regard to the first and second occasions, the complainant’s evidence was uncorroborated. As the court was not prepared to convict in the absence of evidence of penetration, the defendant was acquitted on both the first and second charges. The court accepted that there was some corroboration on the third charge, including a DNA report in connection with a pregnancy and an ‘admission’ by the defendant made to a witness who the court found truthful. The court believed the complainant that she did not consent to the sexual intercourse with the defendant, noting that because consent is not defense to a rape of an individual under the age of 14 years, the complainant’s consent was relevant only to the sentencing. The court held that the third charge was proven beyond reasonable doubt against the defendant and convicted him accordingly. The court imposed a sentence of nine years imprisonment with 14 strokes.
Public Prosecutor v. Zulkifli Bin Sabang