[2011] 7 MLJ
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Public Prosecutor v Muhammad Rasid bin Hashim
(Abang Iskandar J)
869
THE COURT’S RULING AT END OF THE PROSECUTION’S CASE
[32] From the above inferences, it is my finding that the ingredients of s 300
of the Penal Code had been established by the prosecution in this case. The
intention to kill could be amply inferred from the physical evidence which were
recovered from the scene in the form of the bloodied electric iron (‘P10B’) and
the raffia string which was also bloodied marked ‘E5’, swab from knife sheath
marked ‘E4’, all of which had been confirmed to be a mixed DNA profile
originating from at least one female and one male source. The sources
represented by blood stains specimen marked ‘E16’ (Siti Zawiah bte Sudin)
and blood specimen marked ‘E24’ (Muhammad Rasid) were consistent with
being the female and male contributor respectively, through the mixed profile.
All these bloodied items could only be indicative of violence having taken place
at the scene of the crimes.
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[33] The serious injuries sustained by the deceased were classified as
defensive wounds by the pathologist (SP5) evidencing grave assault having
been perpetrated on her. The fact that her head injury was found to be
consistent with an injury that could be caused by the P10B (the electric iron)
had connected the offence to the accused as the DNA profile developed from
the blood specimen retrieved from P10B had revealed to be a mixed DNA
profile originating from the accused and the deceased. The nature of the injury
on the head of the deceased and the fact that it was caused to the head, which
was a critical part of the human anatomy, must necessarily be interpreted that
such injury had been caused with an intention to cause the death of the
deceased. The blow by the electric iron was so hard that its handle broke.
Similarly, according to SP5, the injury to the neck region that had caused the
hyoid bone to break had also caused the death of the deceased. As was shown by
the evidence of SP8, no DNA profiles belonging to anybody else was traceable
from the specimens analysed by him except those belonging to the deceased
and the accused person.
[34] As regards the evidence pertaining to the offence of rape, similarly I had
found sufficient evidence tending to prove that charge as well. At this juncture,
perhaps it would be appropriate to restate the legal position as regards the proof
required of the prosecution to prove the commission of the offence of rape by
an accused person. For the purpose, to my mind, a reference must be made to
the works of the learned authors entitled, Modi on Medical Jurisprudence and
Toxicology (21st Ed, p 369), where the learned author has written as follows:
‘Thus to constitute the offence of rape it is not necessary that there should be
complete penetration of penis with emission of semen and rupture of hymen.
Partial penetration of the penis within the labia majora or the vulva or pudenda
with or without emission of semen or even an attempt at penetration is quite
sufficient for the purpose of the law. It is, therefore, quite possible to commit
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