[Pejabat Pengarah Pendakwaan Negeri Kelantan] Mat Udin Bin Berahim

[Pejabat Pengarah Pendakwaan Negeri Kelantan] Mat Udin Bin Berahim

Prosecution failed to prove the crucial element that the oil palm fruits were taken from KESEDAR's possession or harvested from KESEDAR trees; there was no direct witness to the harvesting and no forensic linkage of the perishable fruits to the plantation, therefore no prima facie case at the close of the prosecution's case and the accused must be acquitted and discharged.

Citation
DI-83RS-25-08/2020 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: MAT UDIN BIN BERAHIM
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 October 2023
Case Number
DI-83RS-25-08/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (section 379 Penal Code) / End of Prosecution's Case (section 173(f) Criminal Procedure Code) Decision on Prima Facie Case
Outcome
Accused acquitted and discharged at the close of the prosecution's case
Legal Topics
Theft, Prima Facie Case, Ingredients of Offence, Preservation of Perishable Evidence, Section 90 a Evidence Act Certificate
Source Language
Malay/English
Criminal Law Evidence Law Theft Prima Facie Case Ingredients of Offence Preservation of Perishable Evidence Section 90 a Evidence Act Certificate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecution

MAT UDIN BIN BERAHIM

Accused

Procedural Posture

Criminal Theft (section 379 Penal Code) / End of Prosecution's Case (section 173(f) Criminal Procedure Code) Decision on Prima Facie Case

Legal Issues

  1. 1 Whether the prosecution proved each ingredient of theft under section 378/379 Penal Code
  2. 2 Whether the oil palm fruits were taken from the possession of KESEDAR
  3. 3 Whether a prima facie case existed at the close of the prosecution's case

Ratio Decidendi

Prosecution failed to prove the crucial element that the oil palm fruits were taken from KESEDAR's possession or harvested from KESEDAR trees; there was no direct witness to the harvesting and no forensic linkage of the perishable fruits to the plantation, therefore no prima facie case at the close of the prosecution's case and the accused must be acquitted and discharged.

Court Disposition

Accused acquitted and discharged at the close of the prosecution's case

Orders

  • Accused Mat Udin bin Berahim is acquitted and discharged at this juncture