[Timbalan (TPR), Jabatan Peguam Negara] MOHD YUSRI BIN KASSIM

[Timbalan (TPR), Jabatan Peguam Negara] MOHD YUSRI BIN KASSIM

The prosecution failed to establish a prima facie case on each essential ingredient of s.354 because of material inconsistencies in the complainant's evidence, unreasonable delay in lodging the FIR without a satisfactory explanation, the complainant's post‑incident conduct inconsistent with being forcibly outraged (continued visits and assistance to accused), lack of corroboration for most alleged acts, and indication of consent or absence of non‑consent; consequently the accused was entitled to benefit of the doubt and was acquitted at the close of the prosecution case.

Citation
CE-83JS-1-03/2021 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Yusri bin Kassim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 January 2023
Case Number
CE-83JS-1-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under S.354 Penal Code (assault or Use of Criminal Force to Outrage Modesty) / End of Prosecution Case (magistrate Considered Prima Facie and Acquitted at Close of Prosecution Case)
Outcome
Accused acquitted and discharged at the close of the prosecution's case; not called upon to enter defence.
Legal Topics
Assault to Outrage Modesty, Prima Facie Test, Credibility and Corroboration, Delay in FIR, Consent (s.90)
Source Language
Malay/English
Criminal Law Evidence Law Criminal Procedure Assault to Outrage Modesty Prima Facie Test Credibility and Corroboration Delay in FIR Consent (s.90)

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Parties

Pendakwa Raya

Prosecution

Mohd Yusri bin Kassim

Accused

Procedural Posture

Criminal Offence Under S.354 Penal Code (assault or Use of Criminal Force to Outrage Modesty) / End of Prosecution Case (magistrate Considered Prima Facie and Acquitted at Close of Prosecution Case)

Legal Issues

  1. 1 Whether the accused used assault or criminal force on the complainant (SP2)
  2. 2 Whether the acts were done with intent to outrage modesty or with complainant's consent
  3. 3 Whether the complainant's evidence is credible given the long delay in reporting and inconsistent statements

Ratio Decidendi

The prosecution failed to establish a prima facie case on each essential ingredient of s.354 because of material inconsistencies in the complainant's evidence, unreasonable delay in lodging the FIR without a satisfactory explanation, the complainant's post‑incident conduct inconsistent with being forcibly outraged (continued visits and assistance to accused), lack of corroboration for most alleged acts, and indication of consent or absence of non‑consent; consequently the accused was entitled to benefit of the doubt and was acquitted at the close of the prosecution case.

Court Disposition

Accused acquitted and discharged at the close of the prosecution's case; not called upon to enter defence.

Orders

  • Accused Mohd Yusri bin Kassim acquitted and discharged at end of prosecution case
  • Accused not called to enter defence