[ ] SHAMSHU BIN ABD GHANI

[ ] SHAMSHU BIN ABD GHANI

The prosecution failed to prove a prima facie case because material and unexplained contradictions between prosecution witnesses as to the date and circumstances of the alleged contact, combined with the delayed report and lack of corroboration, rendered the complainant's evidence not sufficiently reliable; consequently the accused was lawfully discharged and acquitted.

Citation
DA-62JSK-18-06/2023 (Mahkamah Sesyen)
Parties
Accused / Perayu: Shamshu bin Abd Ghani; Prosecutor / Respondent: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 November 2024
Case Number
DA-62JSK-18-06/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal Sexual Offences Against a Child / End of Prosecution Case; Judgment on No Prima Facie / Acquittal in Sessions Court
Outcome
Accused discharged and acquitted; prosecution failed to make out a prima facie case
Legal Topics
Prima Facie Test, Sexual Offences Against Children, Credibility of Child Witnesses, Delay in Reporting, Acquittal / Discharge at Close of Prosecution
Source Language
Malay/English
Criminal Law Child Protection Law Evidence Law Prima Facie Test Sexual Offences Against Children Credibility of Child Witnesses Delay in Reporting Acquittal / Discharge at Close of Prosecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Shamshu bin Abd Ghani

Accused / Perayu

Pendakwa Raya

Prosecutor / Respondent

Procedural Posture

Criminal Sexual Offences Against a Child / End of Prosecution Case; Judgment on No Prima Facie / Acquittal in Sessions Court

Legal Issues

  1. 1 Whether the prosecution adduced a prima facie case under Section 14 Sexual Offences Against Children Act 2017
  2. 2 Whether inconsistencies in witness evidence (notably dates) and delay in reporting defeated the prosecution's case
  3. 3 Whether the child complainant's evidence was sufficiently unusually convincing to ground a conviction without corroboration

Ratio Decidendi

The prosecution failed to prove a prima facie case because material and unexplained contradictions between prosecution witnesses as to the date and circumstances of the alleged contact, combined with the delayed report and lack of corroboration, rendered the complainant's evidence not sufficiently reliable; consequently the accused was lawfully discharged and acquitted.

Court Disposition

Accused discharged and acquitted; prosecution failed to make out a prima facie case

Orders

  • Tertuduh dibebas dan dilepaskan daripada pertuduhan
  • Wang jaminan dikembalikan