PRABAH A/P OPAKAN

PRABAH A/P OPAKAN

Prosecution proved all essential ingredients of s.420 by credible witness testimony corroborated by transaction images and bank statements showing funds were credited to accused's account on inducement that accused would secure PERKESO ILAT pension; defence explanations were inconsistent and unproven and did not raise reasonable doubt, therefore accused convicted on both counts and sentenced.

Citation
AC-83-365-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Prabah a/p Opakan; Complainant/victim: Sugnah a/p Suppiah
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 November 2024
Case Number
AC-83-365-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (cheating Under S.420 Penal Code) / Judgment and Sentencing
Outcome
Accused convicted on two counts under s.420 Penal Code; sentenced to imprisonment of two years from 29 November 2024; sentences to run concurrently.
Legal Topics
Cheating (s.420 Penal Code), Prima Facie Test (s.180 Cpc), Inducement/deception (s.415 Penal Code), Adverse Inference (s.114 Evidence Act), Burden of Proof (s.103 Evidence Act)
Source Language
Malay/English
Criminal Law Evidence Law Sentencing Cheating (s.420 Penal Code) Prima Facie Test (s.180 Cpc) Inducement/deception (s.415 Penal Code) Adverse Inference (s.114 Evidence Act) Burden of Proof (s.103 Evidence Act)

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Parties

Pendakwa Raya

Prosecutor

Prabah a/p Opakan

Accused

Sugnah a/p Suppiah

Complainant/victim

Procedural Posture

Criminal (cheating Under S.420 Penal Code) / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution made out a prima facie case under s.180 CPC and s.173 CPC
  2. 2 Whether elements of s.420 Penal Code (cheating) were proved
  3. 3 Whether defence raised a reasonable doubt sufficient to acquit

Ratio Decidendi

Prosecution proved all essential ingredients of s.420 by credible witness testimony corroborated by transaction images and bank statements showing funds were credited to accused's account on inducement that accused would secure PERKESO ILAT pension; defence explanations were inconsistent and unproven and did not raise reasonable doubt, therefore accused convicted on both counts and sentenced.

Court Disposition

Accused convicted on two counts under s.420 Penal Code; sentenced to imprisonment of two years from 29 November 2024; sentences to run concurrently.

Orders

  • Convicted of two counts under section 420 Penal Code.
  • Sentence: imprisonment two years from 29 November 2024; both counts to run concurrently.