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2025 MarsdenLR 3288

HIGH COURT SABAH & SARAWAK KOTA KINABALU
FAIZAL SAINGKIN – Appellant
Versus
PP – Respondent


Petitioner Advocates:Peter Marajin ,Respondent Advocate: Dana Wazani Arabi

Table of Content
1. charge and initial findings of the case. (Para 1 , 2 , 3)
2. corroboration needs and legal standards. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. judicial considerations on child witness evidence. (Para 11 , 12 , 13 , 14)
4. importance of specifying alleged offense date. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)
5. testimony regarding the incident timeframe. (Para 22 , 23 , 24 , 25 , 26 , 27)
6. consideration of police report contents. (Para 28 , 29 , 30 , 31 , 32 , 33)
7. prosecution's failure to corroborate evidence. (Para 34 , 35 , 36 , 37)
Celestina Stuel Galid J:

Introduction

[1] The appellant was charged with an offence under s 14(a) read with s 16(1) of the Sexual Offences Against Children Act 2017 ("the Act") for the alleged physical sexual assault on his biological daughter, who was at the time only 10 years old.

[2] After a full trial, he was convicted and was sentenced by the Sessions Court to 5 years imprisonment from the date of conviction and 2 strokes of whipping. He was also ordered to be placed under Police Supervision for 3 years under s 27 of the Act after serving sentence and to undergo a rehabilitative counselling within the period of his detention in prison

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