SAROJA DEVI A/P R.KRISHNAN

SAROJA DEVI A/P R.KRISHNAN

On maximum evaluation the prosecution failed to prove a prima facie case under s.289 because the child victim's account lacked independent corroboration on critical points, material eyewitnesses and a veterinary witness were not called and key investigative steps (seizure of clothing, sampling of animal nails) were omitted, permitting an adverse inference under s.114(g) and creating reasonable doubt; therefore it was not safe to require the accused to enter defence and the accused was acquitted.

Citation
AB-83-421-09/2021 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWA RAYA; Accused: SAROJA DEVI A/P R. KRISHNAN
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 November 2022
Case Number
AB-83-421-09/2021 (Mahkamah Majistret)
Procedural Posture
Criminal (offence Under S.289 Penal Code) / Judgment at Close of Prosecution Case (accused Not Called to Enter Defence)
Outcome
Accused acquitted and discharged; not called to enter defence
Legal Topics
Negligent Omission Under S.289 Penal Code, Competency and Corroboration of Child Witnesses (s.118, S.133 a Evidence Act), Adverse Inference for Non Production/concealment of Evidence (s.114(g) Evidence Act), Prosecution Obligations to Call Material Witnesses and Conduct Thorough Investigation
Source Language
Malay/English
Criminal Law Evidence Law Animal/negligence Law Negligent Omission Under S.289 Penal Code Competency and Corroboration of Child Witnesses (s.118, S.133 a Evidence Act) Adverse Inference for Non Production/concealment of Evidence (s.114(g) Evidence Act) Prosecution Obligations to Call Material Witnesses and Conduct Thorough Investigation

Case Brief

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Parties

PENDAKWA RAYA

Prosecutor

SAROJA DEVI A/P R. KRISHNAN

Accused

Procedural Posture

Criminal (offence Under S.289 Penal Code) / Judgment at Close of Prosecution Case (accused Not Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution proved possession of the animal and negligent omission required under s.289 Penal Code
  2. 2 Whether the child witness's evidence was competent and required corroboration
  3. 3 Whether prosecution's failure to call material witnesses and to seize and test physical evidence justified adverse inference under s.114(g) Evidence Act

Ratio Decidendi

On maximum evaluation the prosecution failed to prove a prima facie case under s.289 because the child victim's account lacked independent corroboration on critical points, material eyewitnesses and a veterinary witness were not called and key investigative steps (seizure of clothing, sampling of animal nails) were omitted, permitting an adverse inference under s.114(g) and creating reasonable doubt; therefore it was not safe to require the accused to enter defence and the accused was acquitted.

Court Disposition

Accused acquitted and discharged; not called to enter defence

Orders

  • Exhibit documents to be retained by the Court until the expiry of appeal period
  • Bail money returned to surety