Amran Bin Madwali

Amran Bin Madwali

On maximum evaluation of the prosecution evidence the court found the affidavits (P33 and P34) contained false statements about the accused being the sole/only surviving heir, those affidavits were used in High Court proceedings to obtain De Bonis Non letters and to effect transfer/sale of estate land, and the...

Source-derived case information.

Citation
BA-62K-150-02/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWA RAYA; Defendant: AMRAN BIN MADWALI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
BA-62K-150-02/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment and Sentencing After Trial
Outcome
Guilty; convicted on both counts under Section 193 Penal Code
Legal Topics
False Evidence, Affidavit Used in Judicial Proceedings, Prima Facie Evaluation, Knowledge and Intention (mens Rea), Sentencing
Criminal Law Evidence Probate and Administration False Evidence Affidavit Used in Judicial Proceedings Prima Facie Evaluation Knowledge and Intention (mens Rea) Sentencing

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Parties

PENDAKWA RAYA

Prosecution

AMRAN BIN MADWALI

Defendant

Procedural Posture

Criminal / Judgment and Sentencing After Trial

  1. 1 Whether the statements in the affidavits (P33 and P34) were false
  2. 2 Whether the false statements were used in judicial proceedings
  3. 3 Whether the accused knew the statements were false or believed them to be false

Ratio Decidendi

On maximum evaluation of the prosecution evidence the court found the affidavits (P33 and P34) contained false statements about the accused being the sole/only surviving heir, those affidavits were used in High Court proceedings to obtain De Bonis Non letters and to effect transfer/sale of estate land, and the prosecution proved by inferences from witness testimony and documentary evidence that the accused knew the statements were false and intended to make them. The defence only produced denials and uncorroborated testimony which did not raise a reasonable doubt. Therefore the elements of Section 193 were established and the accused was convicted on both counts.

Court Disposition

Guilty; convicted on both counts under Section 193 Penal Code

Orders

  • Count 1: Imprisonment 6 years and fine RM100000; in default of fine 2 years imprisonment
  • Count 2: Imprisonment 6 years and fine RM100000; in default of fine 2 years imprisonment