ABDUL KARIM BIN ABDUL AZIZ

ABDUL KARIM BIN ABDUL AZIZ

The charge was defective and misleading because the words relied on by prosecution arose in different contexts and were not pleaded as said; this deprived the accused of sufficient notice and prejudiced his defence. Further, on maximum evaluation the prosecution failed to prove the essential element of intention to outrage the complainants' modesty. Therefore no prima facie case under s.509 was established and the accused was discharged and acquitted without being called to defend.

Citation
JA-82-1-01/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Abdul Karim bin Abdul Aziz; Complainant: Nurul Aqidah binti Othman; Complainant: Ida Shazreen binti Omar; Complainant: Raihan binti Abd Karim
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 December 2023
Case Number
JA-82-1-01/2020 (Mahkamah Majistret)
Procedural Posture
Criminal / Decision on Prima Facie at Close of Prosecution's Case (summary Trial)
Outcome
Accused discharged and acquitted; no prima facie case established under s.509 Penal Code and accused not called to enter defence.
Legal Topics
Section 509 Penal Code (outraging Modesty), Prima Facie Test, Charge Particulars and Validity, Section 173 Criminal Procedure Code, Section 154/152/153/422 Criminal Procedure Code, Objective Test for Intent
Source Language
Malay/English
Criminal Law Sexual Harassment Criminal Procedure Evidence Section 509 Penal Code (outraging Modesty) Prima Facie Test Charge Particulars and Validity Section 173 Criminal Procedure Code +2 more

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Parties

Pendakwa Raya

Prosecution

Abdul Karim bin Abdul Aziz

Accused

Nurul Aqidah binti Othman

Complainant

Ida Shazreen binti Omar

Complainant

Raihan binti Abd Karim

Complainant

Procedural Posture

Criminal / Decision on Prima Facie at Close of Prosecution's Case (summary Trial)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.509 Penal Code
  2. 2 Whether the charge particulars were defective or misleading and prejudiced the accused
  3. 3 Whether the prosecution proved intention to outrage or insult modesty (element of s.509)

Ratio Decidendi

The charge was defective and misleading because the words relied on by prosecution arose in different contexts and were not pleaded as said; this deprived the accused of sufficient notice and prejudiced his defence. Further, on maximum evaluation the prosecution failed to prove the essential element of intention to outrage the complainants' modesty. Therefore no prima facie case under s.509 was established and the accused was discharged and acquitted without being called to defend.

Court Disposition

Accused discharged and acquitted; no prima facie case established under s.509 Penal Code and accused not called to enter defence.

Orders

  • Accused Abdul Karim bin Abdul Aziz is discharged and set free in respect of charge JA-82-1-01/2020 under s.509 Penal Code.
  • The charge is declared defective and prejudicial to the accused; no order to call the accused to defend.