UNIVERSITI TEKNOLOGI MARA

CRIMINOLOGY AND CRIMINAL JUSTICE

( LAW 520 )

TITLE OF ASSIGNMENT:

CASE STUDY

NAME/MATRICS:
1. AHMAD AIZAT BIN ABDUL AZIZ (2017743763)
2. MUHAMMAD MUAZ BIN MAHMUD (2017355151)
3. SITI NURHAMIMI BINTI AZIZAN (2017717361)

LECTURER:

DATE OF SUBMITTED: 16/ 04/ 2019

 1. Write a brief description of the facts of the case.
The type of case was raping an under aged that occurred at 02 February 2014. The
location of the crime was at car parking near Restoran Pizza Hut, Bandar Satelit Pasir Tumboh,
Kota Bharu in Negeri Kelantan, Accused in this case was Muhamad Faris Putera Jafperi at age
23 years old. The Accused was charged for raping an under aged girl, an offence punishable
under s 376(1) of the Penal Code. The victim is Tengku Nor Azira Tengku Aazman at age 15
years and 7 months. The direct evidence was obtain from testimony of victim and her mother.
The indirect evidences in the case were found biological fluids from the suspect and physical
check out of the victim. The evidences were able to verified suspect to charge on the crime.
The Accused claimed trial and at the conclusion of the trial, the learned Sessions Judge found
him guilty and convicted him. The learned judge then sentenced him to 18 years imprisonment
from the date of his remand (15 July 2016) and 6 strokes of whipping. Dissatisfied, the Accused
filed an appeal before this Court. Upon hearing the appeal, this Court allowed the appeal of the
Accused/Appellant in part. The appeal against conviction was dismissed but the appeal against
sentence was allowed whereby the Sessions Judge's ruling on sentence was set aside and was
substituted with 11 years imprisonment and 2 strokes of whipping.
2. Identify the type of expert witness in the case.
 Doctor.
 Science Officer.
3. Describe the type of evidence related to the “expert witness”. What is the
object/sample/substance being processed or examined by the expert?
 Fresh hymen tear on the victim. The expert witness also verified that the tear occurs
within 72 hours and can be cause by the insertion male genitals.
 Have found the semen on the victim’s underwear and the evidence was send to the
department of chemistry for further investigation. The evidence then was verified to be
the suspects semen with the mix of the victim blood.
4. Describe the process involved in processing the evidence by the expert.
 Physical examination was carried out by the doctor on the victim to validate the accuse.
 The evidence was collected for investigation. The officers then carry out test on the
evidence by using their expertise to prove the biological evidence found. They then
proceed to identify the origin of the evidence by running a DNA test on the evidence.
5. Describe the relevance of the expert evidence in proving the case.
 To prove the possibility of the victim was raped and to identify the time of incident
happened.
 To verify that the evidence found on the underwear matched with suspect and the
victim.
6. Discuss the problems/difficulties faced by such experts in processing the particular type
evidence.
 If the evidence was contaminated and the probability for the evidence to match with the
suspect and the victim DNA could be disrupt.