[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD IRZA DANIAL BIN SAUFI

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD IRZA DANIAL BIN SAUFI

The prosecution failed to establish a prima facie case because the complainant's testimony was not 'unusually convincing', independent corroboration was absent, medical findings were inconclusive as to cause and timing, forensic samples were negative for semen/DNA, and there was significant delay in complaint; therefore it was unsafe to convict if the accused remained silent and the acquittal without calling the accused to defend was proper.

Citation
CC-62JSK-7-09/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Irza Danial bin Saufi
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 June 2023
Case Number
CC-62JSK-7-09/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (rape) / Acquittal at Close of Prosecution Case in Sessions Court; Prosecution Appealed to High Court
Outcome
Accused acquitted and discharged without being called to enter defence by the Sessions Court; prosecution has appealed to the High Court.
Legal Topics
Rape, Prima Facie, Corroboration, Medical Evidence, Forensic Evidence, Charge Particularity, Section 376 Penal Code, Section 173 Criminal Procedure Code, Section 422 Criminal Procedure Code, Section 157 Evidence Act
Source Language
Malay/English
Criminal Law Evidence Procedure Sexual Offences Rape Prima Facie Corroboration Medical Evidence +6 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Irza Danial bin Saufi

Accused

Procedural Posture

Criminal (rape) / Acquittal at Close of Prosecution Case in Sessions Court; Prosecution Appealed to High Court

Legal Issues

  1. 1 Whether a prima facie case of rape was made out at the close of the prosecution case
  2. 2 Whether the complainant's evidence was 'unusually convincing' so as to dispense with independent corroboration
  3. 3 Whether the charge was fatally defective for failing to specify the relevant paragraph of Section 375

Ratio Decidendi

The prosecution failed to establish a prima facie case because the complainant's testimony was not 'unusually convincing', independent corroboration was absent, medical findings were inconclusive as to cause and timing, forensic samples were negative for semen/DNA, and there was significant delay in complaint; therefore it was unsafe to convict if the accused remained silent and the acquittal without calling the accused to defend was proper.

Court Disposition

Accused acquitted and discharged without being called to enter defence by the Sessions Court; prosecution has appealed to the High Court.

Orders

  • Accused Muhammad Irza Danial bin Saufi acquitted and discharged without being called to enter his defence.