[2011] 7 MLJ Public Prosecutor v Muhammad Rasid bin Hashim (Abang Iskandar J) 845 A Public Prosecutor v Muhammad Rasid bin Hashim B HIGH COURT (SHAH ALAM) — CRIMINAL TRIAL NO 45–31 OF 2006 ABANG ISKANDAR J 15 NOVEMBER 2009 C D E F G H I Criminal Law — Penal Code — s 302 — Conviction for — No direct evidence — Circumstantial evidence — Deceased died after sexual intercourse — DNA profiling analysis on all DNA specimens collected from various parts of deceased’s body and from items recovered from scene of crime carried out by chemist — Whether prosecution’s case proved beyond reasonable doubt — Whether there was positive mixed DNA profile match-up between accused and deceased — Whether accused raised reasonable doubt — Penal Code ss 300 & 302 Criminal Law — Penal Code — s 375 — Rape — Conviction for — Circumstantial evidence — Deceased died after sexual intercourse — DNA profiling analysis on all DNA specimens collected from various parts of deceased’s body and from items recovered from scene of crime carried out by chemist — Whether there was positive mixed DNA profile match-up between accused and deceased — Whether evidence established sexual intercourse was without free consent of deceased Muhammad Rasid bin Hashim (‘the accused’) was charged for having committed the offences of rape and murder of Siti Zawiah bt Sudin (‘the deceased’) on 9 March 2006. The deceased, who was staying for about a week with her two friends, was home alone on 9 March 2006 after her two friends had left to their respective work places in the morning. One of the two friends (‘the deceased’s friend’) left her a set of keys to the apartment with the deceased, upon the agreement that the deceased would return the bunch of keys to her when they met later that evening at the bus station in Rawang, where the deceased was to catch a bus on her way back to Kota Bharu. However, the deceased never turned up at the station as planned and her friend who then returned home was unable to gain access to her apartment because she did not have her set of keys. The deceased’s friend only gained entry into the apartment at about midnight when her flatmate returned from work. When the two friends finally entered their apartment and managed to open the locked bedroom they saw the deceased, wearing a red t-shirt pushed up to her chest and a sarong raised to her waist, writhing in pain on the floor in the room. Although the deceased was rushed to the hospital, she died shortly after arrival at the hospital. An autopsy performed on the deceased’s body revealed that the deceased had suffered multiple injuries and that both or either of two injuries