[ ] MOHAMAD IKHRAM BIN MOHAMAD RUSLI

[ ] MOHAMAD IKHRAM BIN MOHAMAD RUSLI

The prosecution failed to prove possession and knowledge of the firearm and ammunition by the accused beyond reasonable doubt because the vehicle was not registered to the accused, there was no convincing evidence of exclusive control, critical investigative gaps and procedural defects in seizure and photographic documentation undermined SP3's solitary testimony, and there was no forensic linkage or independent corroboration; consequently no prima facie case existed and the accused must be discharged.

Citation
DA-61-1-08/2024 (Mahkamah Sesyen)
Parties
Perayu: PENDAKWA RAYA; Orang Yang Kena Tuduh (okt): MOHAMAD IKHRAM BIN MOHAMAD RUSLI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
8 July 2025
Case Number
DA-61-1-08/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Appeal Against Acquittal at Close of Prosecution's Case / Appeal From Order of Discharge and Acquittal at End of Prosecution's Case (prima Facie Assessment)
Outcome
Accused acquitted and discharged on both counts for failure of prosecution to make out a prima facie case
Legal Topics
Possession and Knowledge, Prima Facie Case, Chain of Custody, Admissibility of Photographic Evidence, Search and Seizure, Burden of Proof
Source Language
Malay/English
Criminal Law Firearms Law Evidence Criminal Procedure Possession and Knowledge Prima Facie Case Chain of Custody Admissibility of Photographic Evidence +2 more

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Parties

PENDAKWA RAYA

Perayu

MOHAMAD IKHRAM BIN MOHAMAD RUSLI

Orang Yang Kena Tuduh (okt)

Procedural Posture

Criminal Appeal Against Acquittal at Close of Prosecution's Case / Appeal From Order of Discharge and Acquittal at End of Prosecution's Case (prima Facie Assessment)

Legal Issues

  1. 1 Whether the prosecution proved possession and control of the firearm and ammunition by the accused
  2. 2 Whether the accused had knowledge of the firearm and ammunition
  3. 3 Whether the photographic and seizure procedures were reliable and properly conducted (chain of custody)

Ratio Decidendi

The prosecution failed to prove possession and knowledge of the firearm and ammunition by the accused beyond reasonable doubt because the vehicle was not registered to the accused, there was no convincing evidence of exclusive control, critical investigative gaps and procedural defects in seizure and photographic documentation undermined SP3's solitary testimony, and there was no forensic linkage or independent corroboration; consequently no prima facie case existed and the accused must be discharged.

Court Disposition

Accused acquitted and discharged on both counts for failure of prosecution to make out a prima facie case

Orders

  • Accused MOHAMAD IKHRAM BIN MOHAMAD RUSLI is acquitted and discharged from both charges under the Firearms (Increased Penalties) Act 1971 and the Arms Act 1960
  • Prosecution's case dismissed for failure to establish possession/knowledge and prima facie case at close of its case