PUBLIC PROSECUTOR MOHD AZAM BIN ABDUL AHAD (NO. 2)

PUBLIC PROSECUTOR MOHD AZAM BIN ABDUL AHAD (NO. 2)

The accused was acquitted because the defence raised a probable explanation that the breast contact could have been accidental during a struggle over the child and there was compelling evidence of the complainant's ulterior motive to falsely implicate the accused; combined with delay in reporting and lack of immediate protest, these factors created reasonable doubt as to intentional touching and occurrence of the alleged private-part contact, so the prosecution failed to prove guilt beyond reasonable doubt.

Citation
BH-83JS-32-12/2019 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Mohd Azam bin Abdul Ahad; Complainant: Mahani Binti Abdul Majid
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 August 2022
Case Number
BH-83JS-32-12/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Charge Under S.354 Penal Code / Post Prosecution; Defence Heard Following High Court Order; Judgment Delivered
Outcome
Accused acquitted and discharged.
Legal Topics
Assault / Criminal Force, Outraging Modesty (s.354 Penal Code), Credibility and Delay in Reporting, Ulterior Motive to Falsely Implicate, Burden of Proof at Close of Prosecution
Source Language
Malay/English
Criminal Law Evidence Law Procedural Law Assault / Criminal Force Outraging Modesty (s.354 Penal Code) Credibility and Delay in Reporting Ulterior Motive to Falsely Implicate Burden of Proof at Close of Prosecution

Case Brief

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Parties

Public Prosecutor

Prosecutor

Mohd Azam bin Abdul Ahad

Accused

Mahani Binti Abdul Majid

Complainant

Procedural Posture

Criminal Charge Under S.354 Penal Code / Post Prosecution; Defence Heard Following High Court Order; Judgment Delivered

Legal Issues

  1. 1 Whether the accused assaulted or used criminal force with intent to outrage modesty under s.354 Penal Code
  2. 2 Whether the touching of the complainant's breast was intentional or accidental during a struggle for a child
  3. 3 Whether the complainant had an ulterior motive to falsely implicate the accused and whether that raised reasonable doubt

Ratio Decidendi

The accused was acquitted because the defence raised a probable explanation that the breast contact could have been accidental during a struggle over the child and there was compelling evidence of the complainant's ulterior motive to falsely implicate the accused; combined with delay in reporting and lack of immediate protest, these factors created reasonable doubt as to intentional touching and occurrence of the alleged private-part contact, so the prosecution failed to prove guilt beyond reasonable doubt.

Court Disposition

Accused acquitted and discharged.

Orders

  • Accused acquitted and discharged.