Mohd Hanaffey Bin Mahadi v Pendakwa Raya
Catchwords
The proverb 'harapkan pagar, pagar makan padi' best encapsulates the facts of the case Criminal Appeal - s 376(1) Penal Code -Complainant is an Indonesian, fled from her employer's house - Appellant is a police officer, brought the complainant to a hotel and had sexual intercourse with her Whether sexual intercourse took place - no new tear of the hymen - complainant is a married woman and has a child from her marriage- new penetration would not in all circumstances produce new tears if there had been prior older tears- the lack of a sign of new tear of hymen does not suggest there was no penetration Consent - from the action to escape or seek help which could have been taken but was not by the complainant, it can be said there was consensual sex Position of authority - by virtue of his authoritative position as a policeman that the appellant was able to exert a significant or undue influence over the complainant that the complainant felt compelled to have sex with appellant - This is considered rape under s375(f) Penal Code Conviction and sentence affirmed
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Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-42s-6-05-2023)