MD RAJIB SARKAR / BANGLADESH / LELAKI / 01.11.1994

MD RAJIB SARKAR / BANGLADESH / LELAKI / 01.11.1994

The court found the prosecution failed to prove a prima facie case that the accused was employed at Alamin Enterprise because the investigation was incomplete and critical evidence and witness testimony (employer, payroll, CCTV, keys) were absent or inconsistent; accordingly the accused was acquitted and discharged under applicable procedure.

Citation
WA-62PT-492-05/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Md Rajib Sarkar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 June 2025
Case Number
WA-62PT-492-05/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Prosecution Appeal Against Acquittal (appeal Filed 12/6/2025)
Outcome
Acquitted and discharged
Legal Topics
Breach of Visa/permit Conditions, Prima Facie Evidence, Completeness of Investigation, Adverse Inference Under Evidence Act, Regulation 39(b) Immigration Regulations 1963
Source Language
Malay/English
Immigration Law Criminal Law Evidence and Procedure Breach of Visa/permit Conditions Prima Facie Evidence Completeness of Investigation Adverse Inference Under Evidence Act Regulation 39(b) Immigration Regulations 1963

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Md Rajib Sarkar

Accused

Procedural Posture

Criminal / Prosecution Appeal Against Acquittal (appeal Filed 12/6/2025)

Legal Issues

  1. 1 Whether the accused breached conditions of the ePLKS contrary to Regulation 39(b) Immigration Regulations 1963
  2. 2 Whether the prosecution established a prima facie case that the accused was 'working' at Alamin Enterprise
  3. 3 Whether the investigating officers conducted a complete and impartial investigation

Ratio Decidendi

The court found the prosecution failed to prove a prima facie case that the accused was employed at Alamin Enterprise because the investigation was incomplete and critical evidence and witness testimony (employer, payroll, CCTV, keys) were absent or inconsistent; accordingly the accused was acquitted and discharged under applicable procedure.

Court Disposition

Acquitted and discharged

Orders

  • Accused Md Rajib Sarkar acquitted and discharged of the charge
  • Accused released from custody