SOBRI BIN HARUN

SOBRI BIN HARUN

The prosecution failed to establish a prima facie case because the complainant's testimony was not unusually convincing (inherent improbability in the description of the act, material contradictions with investigating officer's evidence and complainant's subsequent conduct), there was no independent corroboration, the prosecution withheld testimony of a material witness (Fatin) invoking s114(g) Evidence Act 1950, WhatsApp screenshots lacked admissible foundation and the police investigation was incomplete; therefore the accused was not called to enter defence and was acquitted and discharged.

Citation
AP-83-28-06/2022 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Sobri bin Harun; Complainant: SP2
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 September 2024
Case Number
AP-83-28-06/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (offence Under Section 354 Penal Code) / End of Prosecution's Case; Accused Acquitted and Discharged (prosecution Filed Notice of Appeal)
Outcome
Accused acquitted and discharged; bail refunded to bailor; prosecution filed notice of appeal to High Court of Taiping
Legal Topics
Outraging Modesty, Sexual Offences, Corroboration, Adverse Inference (s114 Evidence Act 1950), Electronic Evidence (whats App), Investigative Omissions
Source Language
Malay/English
Criminal Law Evidence Law Medical/clinical Procedure in Forensic Context Outraging Modesty Sexual Offences Corroboration Adverse Inference (s114 Evidence Act 1950) Electronic Evidence (whats App) +1 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Sobri bin Harun

Accused

SP2

Complainant

Procedural Posture

Criminal (offence Under Section 354 Penal Code) / End of Prosecution's Case; Accused Acquitted and Discharged (prosecution Filed Notice of Appeal)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s354 Penal Code
  2. 2 Credibility and inherent probability of complainant's testimony
  3. 3 Whether there was independent corroboration

Ratio Decidendi

The prosecution failed to establish a prima facie case because the complainant's testimony was not unusually convincing (inherent improbability in the description of the act, material contradictions with investigating officer's evidence and complainant's subsequent conduct), there was no independent corroboration, the prosecution withheld testimony of a material witness (Fatin) invoking s114(g) Evidence Act 1950, WhatsApp screenshots lacked admissible foundation and the police investigation was incomplete; therefore the accused was not called to enter defence and was acquitted and discharged.

Court Disposition

Accused acquitted and discharged; bail refunded to bailor; prosecution filed notice of appeal to High Court of Taiping

Orders

  • Accused acquitted and discharged
  • Bail money refunded to bailor