Suriyadi Halim Omar JCA:

[1] The appellant in this case was charged at the Sessions Court for five offences of rape punishable under s. 376B of the Penal Code in three separate cases. Three charges were registered in case no. 62-63-2004 and they were as follows:

1. rape punishable under s. 376B of the Penal Code , committed in June 2000, at about 2am in an unnumbered house at Kg. Sungai Mengkuang, Manek Urai in Daerah Kuala Krai, Kelantan on one XXX (identity card XXX) then aged 12 years 2 months old;

2. rape punishable under s. 376B of the Penal Code , committed in August 2001 at about 2am at the same place, on the same victim then aged 12 years 4 months old; and

3. rape punishable under s. 376B of the Penal Code , committed in March 2002, at about 5am at the same place, on the same victim then aged 12 years 11 months old.

[2] Another charge was filed in case 62-64-2004, also rape punishable under s. 376B of the Penal Code committed in June 2002, at about 11pm, at the same place, on the same victim then aged 13 years two months old as in the above charges. The fifth charge, in case no 62-65-2004 likewise was rape also punishable under s. 376B of the Penal Code , committed on