Pendakwa Raya v RAHNI BIN MAT SUDIN

Case Significance

Illustrates the appellate reversal of an acquittal in a child incest prosecution under section 376B of the Penal Code, confirming that the absence of a virility test is not fatal where other evidence shows capacity, and that digital evidence should not be discounted merely for some post-seizure metadata dates.

This High Court decision at Taiping concerns a prosecution appeal against acquittal on a charge under seksyen 376B Kanun Keseksaan (section 376B of the Penal Code) — incest. This charge, the third of three heard together against the same accused, alleged an act of incest on 1 August 2019 at a house in Kerian, Perak; the complainant in all three charges was the same girl, aged 13 at the time of the offences. The accused claimed trial. At the close of the prosecution case the Sessions Court found a prima facie case and called for a defence, but at the end of the defence acquitted the accused on all three charges on the basis that a reasonable doubt had been raised. The prosecution appealed to the High Court.

The appeal raised whether a virility or potency test of the accused was necessary and, if none had been conducted, whether its absence undermined the prosecution case where other evidence showed the accused capable of sexual intercourse. The High Court also examined the Sessions Court's rejection of pornographic images and videos recovered from the accused's mobile telephone, which had been discounted because certain files bore modification dates after the phone was seized. The High Court held that reasoning to be incorrect, since numerous images were dated before the seizure and any subsequent dates could have been explained scientifically had the police analyst been questioned about them.

The High Court set aside the acquittal, found the accused guilty and convicted him on all three charges, sentencing him to 10 years' imprisonment on each, to run concurrently and taking into account the remand period already served from arrest until his release by the Sessions Court. The judgment illustrates the appellate reversal of an acquittal in a child incest prosecution and the proper approach to supporting digital and medical evidence.