Pejabat Penasihat Undang-Undang Negeri Terengganu ALIAS BIN BIDI

Pejabat Penasihat Undang-Undang Negeri Terengganu ALIAS BIN BIDI

On maximum evaluation the complainant's account was inconsistent and uncertain on essential particulars (dates, times, who was present) and there was no material corroboration; medical findings were neutral; therefore prosecution failed to establish a prima facie case on the two amended March 2019 charges and the accused must be discharged and acquitted of those charges.

Citation
MSB-62JSK-15-10/2020 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Alias bin Bidi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
MSB-62JSK-15-10/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Trial Rape (section 376(2)(d) Penal Code) / End of Prosecution Case; Prima Facie Assessment; Two Amended Charges Discharged
Outcome
Accused discharged and acquitted of the two amended charges (pertuduhan pindaan pertama and kedua); accused called to enter defence on the third charge (07/06/2019).
Legal Topics
Rape, Prima Facie Case, Corroboration, Evaluation of Witness Credibility, Section 173 Criminal Procedure
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Law Rape Prima Facie Case Corroboration Evaluation of Witness Credibility Section 173 Criminal Procedure

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Parties

Pendakwa Raya

Prosecutor

Alias bin Bidi

Accused

Procedural Posture

Criminal Trial Rape (section 376(2)(d) Penal Code) / End of Prosecution Case; Prima Facie Assessment; Two Amended Charges Discharged

Legal Issues

  1. 1 Whether the prosecution established a prima facie case on the two amended rape charges in March 2019
  2. 2 Whether the complainant's evidence required corroboration and whether such corroboration existed
  3. 3 Whether inconsistencies in dates, times and witness accounts undermine the prosecution case

Ratio Decidendi

On maximum evaluation the complainant's account was inconsistent and uncertain on essential particulars (dates, times, who was present) and there was no material corroboration; medical findings were neutral; therefore prosecution failed to establish a prima facie case on the two amended March 2019 charges and the accused must be discharged and acquitted of those charges.

Court Disposition

Accused discharged and acquitted of the two amended charges (pertuduhan pindaan pertama and kedua); accused called to enter defence on the third charge (07/06/2019).

Orders

  • Accused Alias bin Bidi is discharged and acquitted of the amended first and amended second charges.
  • Accused is to be called to enter his defence on the third charge dated 07/06/2019.