[Jabatan Peguam Negara] Mohammad Imran Bin Basri

[Jabatan Peguam Negara] Mohammad Imran Bin Basri

The court found the prosecution failed to prove the essential element of penetration — medical examination P10 was inconclusive ('unsure') and the prosecution did not produce competent medical evidence on the complainant's mental fitness to testify; accordingly there was no prima facie case and the accused was discharged and acquitted under section 180(2) Criminal Procedure Code.

Citation
BI-62JS-6-01/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHAMMAD IMRAN BIN BASRI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 May 2025
Case Number
BI-62JS-6-01/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Rape (sexual Offence) / End of Prosecution Case / No Prima Facie Submission Under Section 180 Criminal Procedure Code
Outcome
Accused discharged and acquitted under section 180(2) Criminal Procedure Code
Legal Topics
Rape, Prima Facie Assessment, Penetration Element, Witness Competence, Medical Evidence, Section 180 Criminal Procedure Code, Section 118 Evidence Act
Source Language
Malay/English
Criminal Law Evidence Law Sexual Offences Rape Prima Facie Assessment Penetration Element Witness Competence Medical Evidence +2 more

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Parties

PENDAKWA RAYA

Prosecution

MOHAMMAD IMRAN BIN BASRI

Accused

Procedural Posture

Criminal Rape (sexual Offence) / End of Prosecution Case / No Prima Facie Submission Under Section 180 Criminal Procedure Code

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused
  2. 2 Whether the element of penetration required for rape was proved
  3. 3 Whether the complainant was competent and credible to give evidence given alleged mental disorder

Ratio Decidendi

The court found the prosecution failed to prove the essential element of penetration — medical examination P10 was inconclusive ('unsure') and the prosecution did not produce competent medical evidence on the complainant's mental fitness to testify; accordingly there was no prima facie case and the accused was discharged and acquitted under section 180(2) Criminal Procedure Code.

Court Disposition

Accused discharged and acquitted under section 180(2) Criminal Procedure Code

Orders

  • Accused discharged and acquitted without being called to enter defence pursuant to section 180(2) Criminal Procedure Code
  • Case dismissed