IN THE MOOT HIGH COURT OF MALAYA SHAH ALAM

IN THE STATE OF SELANGOR DARUL EHSAN

CRIMINAL APPEAL NO: BKI-45-3/9 OF 2018

BETWEEN
ZANDER                                                                                       ...........APPELLANT
AND
PUBLIC PROSECUTOR                                                              ........RESPONDENT

In the Matter of SESSIONS COURT SHAH ALAM

(Criminal Trial No: BKI-45-3/9 OF 2018)
Between
PUBLIC PROSECUTOR
And
ZANDER

PETITION OF APPEAL TO THE HONOURABLE JUDGE OF THE HIGH COURT

OF SHAH ALAM

The Appellant above-named having given Notice of Appeal to the High Court against
the decision of the learned trial judge given in the Sessions Court of Shah Alam
dated 3rd August 2006, states the following grounds of his appeal:

1. The learned trial judge has erred in law and facts when she convicted the
Appellant for the offence under Section 376 and Section 377C of Penal Code
(Act 574)

2. The learned trial judge has erred in law and facts when she decided that the
Respondent has managed to make out a prima facie case for the charge
under Section 376 and Section 377C of Penal Code (Act 574) and had not
raised any reasonable doubt on the Appellant’s case.

3. The learned trial judge has erred in facts in finding that the tears of the
Respondent’s vagina resulting from the penetration of a hard and blunt object
stated by the medical report can be of any other object apart from the male
organ.

4. The learned trial judge has erred in facts when she failed to consider the acts
of the victim as a form of consent towards the Appellant’s conduct.

5. The learned trial judge has erred in law and facts in sentencing the appellant
to 12 years of imprisonment.
And the Appellant above-named prays that his conviction and sentence be set aside
or the sentence be reduced.

Dated this 10th December 2018

..............................................
Counsel for the Appellant

This Petition of Appeal is file by Messrs A & A Associates of Level 19, Menara
Milenium, 7-01, Jalan Damanlela, Pusat Bandar Damansara, 50490 Kuala Lumpur,
Wilayah Persekutuan Kuala Lumpur.