PENDAKWARAYA MUSTAQIM BIN SUKARNO NURUL MOHAMAD NOR BIN NGADENAN

PENDAKWARAYA MUSTAQIM BIN SUKARNO NURUL MOHAMAD NOR BIN NGADENAN

After maximum evaluation the court found the prosecution failed to establish a prima facie case: the complainant's evidence contained material contradictions and inconsistencies, there was an unexplained delay in reporting, alleged supporting witnesses were interested and did not provide independent corroboration, dates and times were imprecise while the accused raised an alibi whose witnesses were not fully investigated; accordingly it was not safe to call the accused to make his defence and he was discharged and acquitted.

Citation
JC 62JSK-08-11-2018 (Mahkamah Sesyen)
Parties
Appellant/perayu: Pendakwa Raya; Respondent/accused: Nurul Mohamad Nor bin Ngadenan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
31 October 2019
Case Number
JC 62JSK-08-11-2018 (Mahkamah Sesyen)
Procedural Posture
Criminal / Discharge at Close of Prosecution (no Prima Facie Case)
Outcome
Accused discharged and acquitted; prosecution failed to prove a prima facie case
Legal Topics
Sexual Assault (physical), Child Witness Credibility and Corroboration, Prima Facie Evaluation, Alibi and Investigative Duty, Delay in Reporting
Source Language
Malay/English
Criminal Law Sexual Offences Children Law Evidence Law Sexual Assault (physical) Child Witness Credibility and Corroboration Prima Facie Evaluation Alibi and Investigative Duty +1 more

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Parties

Pendakwa Raya

Appellant/perayu

Nurul Mohamad Nor bin Ngadenan

Respondent/accused

Procedural Posture

Criminal / Discharge at Close of Prosecution (no Prima Facie Case)

Legal Issues

  1. 1 Whether the accused committed physical sexual molestation under s14 of the Child Sexual Offences Act 2017
  2. 2 Whether the testimony of the child complainant (SP1) suffices without independent corroboration under s18 of the Act
  3. 3 Whether delay in reporting and material inconsistencies undermine the complainant's credibility

Ratio Decidendi

After maximum evaluation the court found the prosecution failed to establish a prima facie case: the complainant's evidence contained material contradictions and inconsistencies, there was an unexplained delay in reporting, alleged supporting witnesses were interested and did not provide independent corroboration, dates and times were imprecise while the accused raised an alibi whose witnesses were not fully investigated; accordingly it was not safe to call the accused to make his defence and he was discharged and acquitted.

Court Disposition

Accused discharged and acquitted; prosecution failed to prove a prima facie case

Orders

  • Accused dilepaskan dan dibebaskan daripada semua pertuduhan