Public Prosecutor v. Khairul Bin Haji Dagang

The defendant pleaded not guilty to two charges of rape of a 14 year old female and a 24 year old female, under section 376 of the Penal Code. Regarding the first charge, the court accepted the first complainant’s evidence. Corroboration that she did not consent included fresh abrasions found by a doctor on the defendant’s arms and chest, the crying and distress of said complainant as observed by several witnesses very soon after the incident and the promptness of the complaints made by her. The court held the defendant guilty of having sexual intercourse with said complainant against her will or without her consent, imposing a sentence of seven years imprisonment and six strokes. The court also accepted the second complainant’s evidence. Corroboration that she did not consent included her sad condition and her crying as observed by a witness immediately after the incident, and the complaints she made to said witness, her mother, brother and the police. The court found that the defendant said threatening words which had put her in fear of death or hurt. The court held the defendant guilty of aggravated rape of said complainant, imposing a sentence of nine years imprisonment and 14 strokes. The sentences as to each rape were to run consecutively.