PENDAKWARAYA Tuan Hakim Amir Bin Abdul Hamid INDRAA IZWAAN BIN MOHD YUSOF

PENDAKWARAYA Tuan Hakim Amir Bin Abdul Hamid INDRAA IZWAAN BIN MOHD YUSOF

Applying maximum evaluation the court found prosecution proved a prima facie case under s.354 Kanun Keseksaan: CCTV showed a hand movement toward complainant's left buttock with immediate defensive reaction; complainant's sworn testimony was credible despite non-material inconsistencies; missing witness and forensic limitations did not create reasonable doubt. Accused's denial was a bare denial and insufficient to rebut the proven facts. Accused convicted under s.354 and sentenced to 20 months imprisonment.

Citation
BB-M2-83JS-66-12/17 (Mahkamah Majistret)
Parties
Appellant/accused: Indraa Izwaan bin Mohd Yusof; Respondent/prosecution: Pendakwa Raya
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 September 2019
Case Number
BB-M2-83JS-66-12/17 (Mahkamah Majistret)
Procedural Posture
Criminal Appeal / Judgment
Outcome
Convicted
Legal Topics
Assault/criminal Force, Outraging Modesty, Section 354 Kanun Keseksaan, Prima Facie Test, Corroboration, CCTV Evidence, Delay in Reporting, Investigative Adequacy
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Procedural Law Assault/criminal Force Outraging Modesty Section 354 Kanun Keseksaan Prima Facie Test +4 more

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Parties

Indraa Izwaan bin Mohd Yusof

Appellant/accused

Pendakwa Raya

Respondent/prosecution

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.354 Kanun Keseksaan at the close of its case
  2. 2 Whether the CCTV and forensic analysis corroborated or undermined the complainant's testimony
  3. 3 Whether inconsistencies between police report, witness testimony and CCTV were material

Ratio Decidendi

Applying maximum evaluation the court found prosecution proved a prima facie case under s.354 Kanun Keseksaan: CCTV showed a hand movement toward complainant's left buttock with immediate defensive reaction; complainant's sworn testimony was credible despite non-material inconsistencies; missing witness and forensic limitations did not create reasonable doubt. Accused's denial was a bare denial and insufficient to rebut the proven facts. Accused convicted under s.354 and sentenced to 20 months imprisonment.

Court Disposition

Convicted

Orders

  • Convicted under Section 354 Kanun Keseksaan
  • Sentenced to 20 months imprisonment from date of conviction (27.09.2019)