ABDUL KARIM BIN ABDUL AZIZ

ABDUL KARIM BIN ABDUL AZIZ

Applying maximum evaluation the court found the prosecution failed to prove a prima facie case under s.509: complainant evidence was uncorroborated, there was an unexplained delay in reporting, exhibits D4/D4A did not support allegations of sexual harassment, and prosecution failed to call material witnesses whose evidence could affect the narrative; therefore accused was discharged and acquitted without being called to enter his defence.

Citation
JA-82-3-01/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Abdul Karim bin Abdul Aziz
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 December 2023
Case Number
JA-82-3-01/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Summary Trial / Judgment at Close of Prosecution (discharge/acquittal)
Outcome
Accused discharged and acquitted; released without being called to enter defence.
Legal Topics
Section 509 Penal Code (insulting Modesty), Prima Facie Case, Corroboration in Sexual Offence Cases, Prosecutorial Duty to Call Material Witnesses, Section 173 Criminal Procedure Code
Source Language
Malay/English
Criminal Law Sexual Offences Evidence Criminal Procedure Section 509 Penal Code (insulting Modesty) Prima Facie Case Corroboration in Sexual Offence Cases Prosecutorial Duty to Call Material Witnesses +1 more

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Parties

Pendakwa Raya

Prosecution

Abdul Karim bin Abdul Aziz

Accused

Procedural Posture

Criminal Summary Trial / Judgment at Close of Prosecution (discharge/acquittal)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.509 Penal Code
  2. 2 Whether complainant evidence required corroboration and effect of delayed reporting
  3. 3 Whether prosecution's failure to call material witnesses justified adverse inferences and undermined the prosecution case

Ratio Decidendi

Applying maximum evaluation the court found the prosecution failed to prove a prima facie case under s.509: complainant evidence was uncorroborated, there was an unexplained delay in reporting, exhibits D4/D4A did not support allegations of sexual harassment, and prosecution failed to call material witnesses whose evidence could affect the narrative; therefore accused was discharged and acquitted without being called to enter his defence.

Court Disposition

Accused discharged and acquitted; released without being called to enter defence.

Orders

  • Accused Abdul Karim bin Abdul Aziz is discharged and acquitted at the close of the prosecution's case (no requirement to enter defence)
  • No further orders recorded in this judgment