Ashok Kumar A/L Ranjeet Kumar

Ashok Kumar A/L Ranjeet Kumar

Prosecution proved beyond reasonable doubt the four elements: (1) accused caused bodily hurt; (2) accused had intention or knowledge his acts would cause hurt; (3) injuries were caused by a blunt instrument (belt) capable of causing serious injury consistent with S.324; and (4) victim was the accused's lawful spouse at time of offence, engaging S.326A to double maximum penalty. Defence evidence (IDD21, IDD20) was either inadmissible or uncorroborated and failed to raise reasonable doubt. Consequently accused was convicted under Section 324 read with Section 326A and sentenced accordingly.

Citation
BA-62-14-04/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Ashok Kumar a/l Ranjeet Kumar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
14 February 2025
Case Number
BA-62-14-04/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Concluded; Accused Convicted and Sentenced
Outcome
Accused convicted of offence under Section 324 Penal Code read with Section 326A Penal Code; sentenced to 16 years imprisonment and 3 strokes of the rotan.
Legal Topics
Voluntarily Causing Hurt (section 324), Aggravated Offence Against Spouse (section 326 A), Prima Facie Test, Provocation, Admissibility of Expert Reports, Sentencing Principles
Source Language
Malay/English
Criminal Law Domestic Violence Evidence Voluntarily Causing Hurt (section 324) Aggravated Offence Against Spouse (section 326 A) Prima Facie Test Provocation Admissibility of Expert Reports +1 more

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Parties

Pendakwa Raya

Prosecutor

Ashok Kumar a/l Ranjeet Kumar

Accused

Procedural Posture

Criminal / Trial Concluded; Accused Convicted and Sentenced

Legal Issues

  1. 1 Whether prosecution proved all elements of Section 324 read with Section 326A Penal Code
  2. 2 Whether accused had intention or knowledge to cause hurt
  3. 3 Whether belt amounted to an instrument likely to cause death as envisaged by S.324

Ratio Decidendi

Prosecution proved beyond reasonable doubt the four elements: (1) accused caused bodily hurt; (2) accused had intention or knowledge his acts would cause hurt; (3) injuries were caused by a blunt instrument (belt) capable of causing serious injury consistent with S.324; and (4) victim was the accused's lawful spouse at time of offence, engaging S.326A to double maximum penalty. Defence evidence (IDD21, IDD20) was either inadmissible or uncorroborated and failed to raise reasonable doubt. Consequently accused was convicted under Section 324 read with Section 326A and sentenced accordingly.

Court Disposition

Accused convicted of offence under Section 324 Penal Code read with Section 326A Penal Code; sentenced to 16 years imprisonment and 3 strokes of the rotan.

Orders

  • Accused convicted under Section 324 Penal Code read with Section 326A Penal Code
  • Sentence: 16 years imprisonment and 3 strokes of the rotan; sentence to run from 14/02/2025