PENDAKWARAYA Timbalan Raffik bin Ab Rahim

PENDAKWARAYA Timbalan Raffik bin Ab Rahim

The material and irreconcilable discrepancy between the complainant (SP1) and the proximate eyewitness (SP2) went to the root of the charge and created reasonable doubt as to whether the accused inflicted the alleged punches; consequently the prosecution failed to prove a prima facie case under s.323 Penal Code and the accused must be acquitted.

Citation
BH85-56-08/2019 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Raffik bin Ab Rahim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 December 2020
Case Number
BH85-56-08/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Assault Under S.323 Penal Code / Trial Judgment (magistrate Court)
Outcome
Accused acquitted and discharged
Legal Topics
Non‑fatal Assault, Section 323 Penal Code, Admissibility of Documentary Evidence, Res Gestae and Hearsay, Credibility and Discrepancies of Witnesses, Prosecutorial Discretion in Calling Witnesses
Source Language
Malay/English
Criminal Law Evidence Law Non‑fatal Assault Section 323 Penal Code Admissibility of Documentary Evidence Res Gestae and Hearsay Credibility and Discrepancies of Witnesses Prosecutorial Discretion in Calling Witnesses

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Parties

Public Prosecutor

Prosecutor

Raffik bin Ab Rahim

Accused

Procedural Posture

Criminal Assault Under S.323 Penal Code / Trial Judgment (magistrate Court)

Legal Issues

  1. 1 Admissibility of police report copy under s.76 Evidence Act
  2. 2 Discrepancies between prosecution witnesses on whether punches were thrown
  3. 3 Inconsistency in medical report date and relevance of medical evidence

Ratio Decidendi

The material and irreconcilable discrepancy between the complainant (SP1) and the proximate eyewitness (SP2) went to the root of the charge and created reasonable doubt as to whether the accused inflicted the alleged punches; consequently the prosecution failed to prove a prima facie case under s.323 Penal Code and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused acquitted and discharged under s.323 Penal Code
  • Proceedings dismissed